[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB4623
LRB9113087DHmb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 11-501, 11-501.2, 11-501.4, and 11-501.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 11-501, 11-501.2, 11-501.4, and 11-501.5 as
7 follows:
8 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
9 Sec. 11-501. Driving while under the influence of
10 alcohol, other drug or drugs, intoxicating compound or
11 compounds or any combination thereof.
12 (a) A person shall not drive or be in actual physical
13 control of any vehicle within this State while:
14 (1) the alcohol concentration in the person's blood
15 or breath is 0.08 or more based on the definition of
16 blood and breath units in Section 11-501.2;
17 (2) under the influence of alcohol;
18 (3) under the influence of any intoxicating
19 compound or combination of intoxicating compounds to a
20 degree that renders the person incapable of driving
21 safely;
22 (4) under the influence of any other drug or
23 combination of drugs to a degree that renders the person
24 incapable of safely driving;
25 (5) under the combined influence of alcohol, other
26 drug or drugs, or intoxicating compound or compounds to a
27 degree that renders the person incapable of safely
28 driving; or
29 (6) there is any amount of a drug, substance, or
30 compound in the person's breath, blood, or urine
31 resulting from the unlawful use or consumption of
-2- LRB9113087DHmb
1 cannabis listed in the Cannabis Control Act, a controlled
2 substance listed in the Illinois Controlled Substances
3 Act, or an intoxicating compound listed in the Use of
4 Intoxicating Compounds Act.
5 (b) The fact that any person charged with violating this
6 Section is or has been legally entitled to use alcohol, other
7 drug or drugs, or intoxicating compound or compounds, or any
8 combination thereof, shall not constitute a defense against
9 any charge of violating this Section.
10 (c) Except as provided under paragraphs (c-3) and (d) of
11 this Section, every person convicted of violating this
12 Section or a similar provision of a local ordinance, shall be
13 guilty of a Class A misdemeanor and, in addition to any other
14 criminal or administrative action, for any second conviction
15 of violating this Section or a similar provision of a law of
16 another state or local ordinance committed within 5 years of
17 a previous violation of this Section or a similar provision
18 of a local ordinance shall be mandatorily sentenced to a
19 minimum of 48 consecutive hours of imprisonment or assigned
20 to a minimum of 100 hours of community service as may be
21 determined by the court. Every person convicted of violating
22 this Section or a similar provision of a local ordinance
23 shall be subject to a mandatory minimum fine of $500 and a
24 mandatory 5 days of community service in a program benefiting
25 children if the person committed a violation of paragraph (a)
26 or a similar provision of a local ordinance while
27 transporting a person under age 16. Every person convicted a
28 second time for violating this Section or a similar provision
29 of a local ordinance within 5 years of a previous violation
30 of this Section or a similar provision of a law of another
31 state or local ordinance shall be subject to a mandatory
32 minimum fine of $500 and 10 days of mandatory community
33 service in a program benefiting children if the current
34 offense was committed while transporting a person under age
-3- LRB9113087DHmb
1 16. The imprisonment or assignment under this subsection
2 shall not be subject to suspension nor shall the person be
3 eligible for probation in order to reduce the sentence or
4 assignment.
5 (c-1) (1) A person who violates this Section during a
6 period in which his or her driving privileges are revoked
7 or suspended, where the revocation or suspension was for
8 a violation of this Section, Section 11-501.1, paragraph
9 (b) of Section 11-401, or Section 9-3 of the Criminal
10 Code of 1961 is guilty of a Class 4 felony.
11 (2) A person who violates this Section a third time
12 during a period in which his or her driving privileges
13 are revoked or suspended where the revocation or
14 suspension was for a violation of this Section, Section
15 11-501.1, paragraph (b) of Section 11-401, or Section 9-3
16 of the Criminal Code of 1961 is guilty of a Class 3
17 felony.
18 (3) A person who violates this Section a fourth or
19 subsequent time during a period in which his or her
20 driving privileges are revoked or suspended where the
21 revocation or suspension was for a violation of this
22 Section, Section 11-501.1, paragraph (b) of Section
23 11-401, or Section 9-3 of the Criminal Code of 1961 is
24 guilty of a Class 2 felony.
25 (c-2) (Blank).
26 (c-3) Every person convicted of violating this Section
27 or a similar provision of a local ordinance who had a child
28 under age 16 in the vehicle at the time of the offense shall
29 have his or her punishment under this Act enhanced by 2 days
30 of imprisonment for a first offense, 10 days of imprisonment
31 for a second offense, 30 days of imprisonment for a third
32 offense, and 90 days of imprisonment for a fourth or
33 subsequent offense, in addition to the fine and community
34 service required under subsection (c) and the possible
-4- LRB9113087DHmb
1 imprisonment required under subsection (d). The imprisonment
2 or assignment under this subsection shall not be subject to
3 suspension nor shall the person be eligible for probation in
4 order to reduce the sentence or assignment.
5 (d) (1) Every person convicted of committing a violation
6 of this Section shall be guilty of aggravated driving under
7 the influence of alcohol, other drug or drugs, or
8 intoxicating compound or compounds, or any combination
9 thereof if:
10 (A) the person committed a violation of this
11 Section, or a similar provision of a law of another state
12 or a local ordinance when the cause of action is the same
13 as or substantially similar to this Section, for the
14 third or subsequent time;
15 (B) the person committed a violation of paragraph
16 (a) while driving a school bus with children on board;
17 (C) the person in committing a violation of
18 paragraph (a) was involved in a motor vehicle accident
19 that resulted in great bodily harm or permanent
20 disability or disfigurement to another, when the
21 violation was a proximate cause of the injuries; or
22 (D) the person committed a violation of paragraph
23 (a) for a second time and has been previously convicted
24 of violating Section 9-3 of the Criminal Code of 1961
25 relating to reckless homicide in which the person was
26 determined to have been under the influence of alcohol,
27 other drug or drugs, or intoxicating compound or
28 compounds as an element of the offense or the person has
29 previously been convicted under subparagraph (C) of this
30 paragraph (1).
31 (2) Aggravated driving under the influence of alcohol,
32 other drug or drugs, or intoxicating compound or compounds,
33 or any combination thereof is a Class 4 felony. for which A
34 person, if sentenced to a term of imprisonment, shall be
-5- LRB9113087DHmb
1 sentenced to not less than one year and not more than 3 years
2 for a violation of subparagraph (C) (A), (B) or (D) of
3 paragraph (1) of this subsection (d) shall be sentenced to
4 and not less than one year and not more than 12 years for a
5 violation of subparagraph (C) of paragraph (1) of this
6 subsection (d). For any prosecution under this subsection
7 (d), a certified copy of the driving abstract of the
8 defendant shall be admitted as proof of any prior conviction.
9 (e) After a finding of guilt and prior to any final
10 sentencing, or an order for supervision, for an offense based
11 upon an arrest for a violation of this Section or a similar
12 provision of a local ordinance, individuals shall be required
13 to undergo a professional evaluation to determine if an
14 alcohol, drug, or intoxicating compound abuse problem exists
15 and the extent of the problem. Programs conducting these
16 evaluations shall be licensed by the Department of Human
17 Services. The cost of any professional evaluation shall be
18 paid for by the individual required to undergo the
19 professional evaluation.
20 (f) Every person found guilty of violating this Section,
21 whose operation of a motor vehicle while in violation of this
22 Section proximately caused any incident resulting in an
23 appropriate emergency response, shall be liable for the
24 expense of an emergency response as provided under Section
25 5-5-3 of the Unified Code of Corrections.
26 (g) The Secretary of State shall revoke the driving
27 privileges of any person convicted under this Section or a
28 similar provision of a local ordinance.
29 (h) Every person sentenced under subsection (d) of this
30 Section and who receives a term of probation or conditional
31 discharge shall be required to serve a minimum term of either
32 30 days community service or, beginning July 1, 1993, 48
33 consecutive hours of imprisonment as a condition of the
34 probation or conditional discharge. This mandatory minimum
-6- LRB9113087DHmb
1 term of imprisonment or assignment of community service shall
2 not be suspended and shall not be subject to reduction by the
3 court.
4 (i) The Secretary of State may use ignition interlock
5 device requirements when granting driving relief to
6 individuals who have been arrested for a second or subsequent
7 offense of this Section or a similar provision of a local
8 ordinance. The Secretary shall establish by rule and
9 regulation the procedures for use of the interlock system.
10 (j) In addition to any other penalties and liabilities,
11 a person who is found guilty of violating this Section shall
12 be fined $100, payable to the circuit clerk, who shall
13 distribute the money to the law enforcement agency that made
14 the arrest. In the event that more than one agency is
15 responsible for the arrest, the $100 shall be shared equally.
16 Any moneys received by a law enforcement agency under this
17 subsection (j) shall be used to purchase law enforcement
18 equipment that will assist in the prevention of alcohol
19 related criminal violence throughout the State. This shall
20 include, but is not limited to, in-car video cameras, radar
21 and laser speed detection devices, and alcohol breath
22 testers.
23 (Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97;
24 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff.
25 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357,
26 eff. 7-29-99.)
27 (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
28 Sec. 11-501.2. Chemical and other tests.
29 (a) Upon the trial of any civil or criminal action or
30 proceeding arising out of an arrest for an offense as defined
31 in Section 11-501 or a similar local ordinance or proceedings
32 pursuant to Section 2-118.1, evidence of the concentration of
33 alcohol, other drug or drugs, or intoxicating compound or
-7- LRB9113087DHmb
1 compounds, or any combination thereof in a person's blood or
2 breath at the time alleged, as determined by analysis of the
3 person's blood, urine, breath or other bodily substance,
4 shall be admissible. Where such test is made the following
5 provisions shall apply:
6 1. Chemical analyses of the person's blood, urine,
7 breath or other bodily substance to be considered valid
8 under the provisions of this Section shall have been
9 performed according to standards promulgated by the
10 Department of Public Health in consultation with the
11 Department of State Police by a licensed physician,
12 registered nurse, trained phlebotomist acting under the
13 direction of a licensed physician, certified paramedic,
14 or other individual possessing a valid permit issued by
15 that Department for this purpose. The Director of the
16 Department of Public Health in consultation with the
17 Department of State Police is authorized to approve
18 satisfactory techniques or methods, to ascertain the
19 qualifications and competence of individuals to conduct
20 such analyses, to issue permits which shall be subject to
21 termination or revocation at the discretion of that
22 Department and to certify the accuracy of breath testing
23 equipment. The Illinois Department of Public Health shall
24 prescribe regulations as necessary to implement this
25 Section.
26 2. When a person in this State shall submit to a
27 blood test at the request of a law enforcement officer
28 under the provisions of Section 11-501.1, only a
29 physician authorized to practice medicine, a registered
30 nurse, trained phlebotomist, or certified paramedic, or
31 other qualified person approved by the Department of
32 Public Health may withdraw blood for the purpose of
33 determining the alcohol, drug, or alcohol and drug
34 content therein. This limitation shall not apply to the
-8- LRB9113087DHmb
1 taking of breath or urine specimens. Upon request by a
2 law enforcement officer, hospital personnel shall
3 withdraw blood and obtain urine samples for the purpose
4 of determining the alcohol or drug content of the
5 person's blood and urine.
6 When a blood test of a person who has been taken to
7 an adjoining state for medical treatment is requested by
8 an Illinois law enforcement officer, the blood may be
9 withdrawn only by a physician authorized to practice
10 medicine in the adjoining state, a registered nurse, a
11 trained phlebotomist acting under the direction of the
12 physician, or certified paramedic. The law enforcement
13 officer requesting the test shall take custody of the
14 blood sample, and the blood sample shall be analyzed by a
15 laboratory certified by the Department of Public Health
16 for that purpose.
17 3. The person tested may have a physician, or a
18 qualified technician, chemist, registered nurse, or other
19 qualified person of their own choosing administer a
20 chemical test or tests in addition to any administered at
21 the direction of a law enforcement officer. The failure
22 or inability to obtain an additional test by a person
23 shall not preclude the admission of evidence relating to
24 the test or tests taken at the direction of a law
25 enforcement officer.
26 4. Upon the request of the person who shall submit
27 to a chemical test or tests at the request of a law
28 enforcement officer, full information concerning the test
29 or tests shall be made available to the person or such
30 person's attorney.
31 5. Alcohol concentration shall mean either grams of
32 alcohol per 100 milliliters of blood or grams of alcohol
33 per 210 liters of breath.
34 (b) Upon the trial of any civil or criminal action or
-9- LRB9113087DHmb
1 proceeding arising out of acts alleged to have been committed
2 by any person while driving or in actual physical control of
3 a vehicle while under the influence of alcohol, the
4 concentration of alcohol in the person's blood or breath at
5 the time alleged as shown by analysis of the person's blood,
6 urine, breath, or other bodily substance shall give rise to
7 the following presumptions:
8 1. If there was at that time an alcohol
9 concentration of 0.05 or less, it shall be presumed that
10 the person was not under the influence of alcohol.
11 2. If there was at that time an alcohol
12 concentration in excess of 0.05 but less than 0.08, such
13 facts shall not give rise to any presumption that the
14 person was or was not under the influence of alcohol, but
15 such fact may be considered with other competent evidence
16 in determining whether the person was under the influence
17 of alcohol.
18 3. If there was at that time an alcohol
19 concentration of 0.08 or more, it shall be presumed that
20 the person was under the influence of alcohol.
21 4. The foregoing provisions of this Section shall
22 not be construed as limiting the introduction of any
23 other relevant evidence bearing upon the question whether
24 the person was under the influence of alcohol.
25 (c) 1. If a person under arrest refuses to submit to a
26 chemical test under the provisions of Section 11-501.1,
27 evidence of refusal shall be admissible in any civil or
28 criminal action or proceeding arising out of acts alleged
29 to have been committed while the person under the
30 influence of alcohol, other drug or drugs, or
31 intoxicating compound or compounds, or any combination
32 thereof was driving or in actual physical control of a
33 motor vehicle.
34 2. Notwithstanding any ability to refuse under this
-10- LRB9113087DHmb
1 Code to submit to these tests or any ability to revoke
2 the implied consent to these tests, if a law enforcement
3 officer has probable cause to believe that a motor
4 vehicle driven by or in actual physical control of a
5 person under the influence of alcohol, other drug or
6 drugs, or intoxicating compound or compounds, or any
7 combination thereof has caused the death or personal
8 injury to another, that person shall submit, upon the
9 request of a law enforcement officer, to a chemical test
10 or tests of his or her blood, breath or urine for the
11 purpose of determining the alcohol content thereof or the
12 presence of any other drug or combination of both. Upon
13 request by a law enforcement officer, hospital personnel
14 shall withdraw blood and obtain urine samples for the
15 purpose of determining the alcohol or drug content of the
16 person's blood and urine.
17 This provision does not affect the applicability of or
18 imposition of driver's license sanctions under Section
19 11-501.1 of this Code.
20 3. For purposes of this Section, a personal injury
21 includes any Type A injury as indicated on the traffic
22 accident report completed by a law enforcement officer
23 that requires immediate professional attention in either
24 a doctor's office or a medical facility. A Type A injury
25 includes severe bleeding wounds, distorted extremities,
26 and injuries that require the injured party to be carried
27 from the scene.
28 (Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99.)
29 (625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)
30 Sec. 11-501.4. Admissibility of chemical tests of blood
31 conducted in the regular course of providing emergency
32 medical treatment.
33 (a) Notwithstanding any other provision of law, the
-11- LRB9113087DHmb
1 results of blood tests performed for the purpose of
2 determining the content of alcohol, other drug or drugs, or
3 intoxicating compound or compounds, or any combination
4 thereof, of an individual's blood 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
8 Section 11-501 of this Code or a similar provision of a local
9 ordinance, or in prosecutions for reckless homicide brought
10 under the Criminal Code of 1961, when each of the following
11 criteria are met:
12 (1) the chemical tests performed upon an
13 individual's blood were ordered in the regular course of
14 providing emergency medical treatment and not at the
15 request of law enforcement authorities;
16 (2) the chemical tests performed upon an
17 individual's blood were performed by the laboratory
18 routinely used by the hospital; and
19 (3) results of chemical tests performed upon an
20 individual's blood are admissible into evidence
21 regardless of the time that the records were prepared.
22 (b) The confidentiality provisions of law pertaining to
23 medical records and medical treatment shall not be applicable
24 with regard to chemical tests performed upon an individual's
25 blood under the provisions of this Section in prosecutions as
26 specified in subsection (a) of this Section. No person shall
27 be liable for civil damages as a result of the evidentiary
28 use of chemical testing of an individual's blood test results
29 under this Section, or as a result of that person's testimony
30 made available under this Section.
31 (c) As a result of a blood test taken under this
32 Section, a serum blood alcohol level of .10 or more is prima
33 facie evidence of a violation of Section 11-501(a)(1).
34 (d) Evidence of serum blood alcohol is evidence of
-12- LRB9113087DHmb
1 impairment in a prosecution under Section 11-501(a)(2).
2 (Source: P.A. 90-779, eff. 1-1-99.)
3 (625 ILCS 5/11-501.5) (from Ch. 95 1/2, par. 11-501.5)
4 Sec. 11-501.5. Preliminary Breath Screening Test.
5 (a) If a law enforcement officer has reasonable
6 suspicion to believe that a person is violating or has
7 violated Section 11-501 or a similar provision of a local
8 ordinance, the officer, prior to an arrest, may request the
9 person to provide a sample of his or her breath for a
10 preliminary breath screening test using a portable device
11 approved by the Department of Public Health. The results of
12 this preliminary breath screening test may be used by the law
13 enforcement officer for the purpose of assisting with the
14 determination of whether to require a chemical test as
15 authorized under Sections 11-501.1 and 11-501.2, and the
16 appropriate type of test to request. Any chemical test
17 authorized under Sections 11-501.1 and 11-501.2 may be
18 requested by the officer regardless of the result of the
19 preliminary breath screening test, if probable cause for an
20 arrest exists. The result of a preliminary breath screening
21 test may be used by the defendant as evidence in any
22 administrative or court proceeding involving a violation of
23 Section 11-501 or 11-501.1.
24 (b) The results of a preliminary breath screening test
25 are admissible by the State during any civil or criminal
26 proceeding challenging a police officer's determination that
27 probable cause existed to arrest the defendant for driving
28 while under the influence of alcohol. Evidence of
29 non-compliance with manufacturer's recommendations shall not
30 affect the admissibility of a preliminary breath screening
31 test at a hearing challenging probable cause.
32 (Source: P.A. 88-169.)