99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1687

Introduced 2/20/2015, by Sen. William R. Haine

SYNOPSIS AS INTRODUCED:

`625 ILCS 5/11-500`	`from Ch. 95 1/2, par. 11-500`
`625 ILCS 5/11-501.1`
`625 ILCS 5/11-501.2`	`from Ch. 95 1/2, par. 11-501.2`
`625 ILCS 5/11-501.4`	`from Ch. 95 1/2, par. 11-501.4`
`625 ILCS 5/11-501.4-1`
`625 ILCS 5/11-501.6`	`from Ch. 95 1/2, par. 11-501.6`

Amends the Illinois Vehicle Code. Clarifies that for the purposes of driving under the influence (DUI), chemical testing for DUI, implied consent for chemical testing for DUI, and statutory summary suspension for refusal or failure of chemical testing for DUI, the term "drug" includes, but is not limited to, synthetic drugs enumerated under Section 204 of the Illinois Controlled Substances Act and controlled substance analogs. Defines "controlled substance analog". Effective immediately.

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FISCAL NOTE ACT MAY APPLY

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 changing

5 Sections 11-500, 11-501.1, 11-501.2, 11-501.4, 11-501.4-1, and

6 11-501.6 as follows:

7 (625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)

8 Sec. 11-500. Definitions.

9 For the purposes of this Article, "controlled substance

10 analog" has the meaning as defined in Sections 102, 401, and

11 402 of the Illinois Controlled Substances Act.

12 For the purposes of this Article, "drug" includes, but is

13 not limited to, synthetic drugs enumerated under Section 204 of

14 the Illinois Controlled Substances Act and controlled

15 substance analogs.

16 For the purposes of interpreting Sections 6-206.1 and

17 6-208.1 of this Code, "first offender" shall mean any person

18 who has not had a previous conviction or court assigned

19 supervision for violating Section 11-501, or a similar

20 provision of a local ordinance, or a conviction in any other

21 state for a violation of driving while under the influence or a

22 similar offense where the cause of action is the same or

23 substantially similar to this Code or similar offenses

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1 committed on a military installation, or any person who has not

2 had a driver's license suspension pursuant to paragraph 6 of

3 subsection (a) of Section 6-206 as the result of refusal of

4 chemical testing in another state, or any person who has not

5 had a driver's license suspension or revocation for violating

6 Section 11-501.1 within 5 years prior to the date of the

7 current offense, except in cases where the driver submitted to

8 chemical testing resulting in an alcohol concentration of 0.08

9 or more, or any amount of a drug, substance, or compound in

10 such person's blood or urine resulting from the unlawful use or

11 consumption of cannabis listed in the Cannabis Control Act, a

12 controlled substance listed in the Illinois Controlled

13 Substances Act, or an intoxicating compound listed in the Use

14 of Intoxicating Compounds Act, or methamphetamine as listed in

15 the Methamphetamine Control and Community Protection Act and

16 was subsequently found not guilty of violating Section 11-501,

17 or a similar provision of a local ordinance.

18 (Source: P.A. 95-355, eff. 1-1-08; 96-607, eff. 8-24-09;

19 96-1344, eff. 7-1-11.)

20 (625 ILCS 5/11-501.1)

21 Sec. 11-501.1. Suspension of drivers license; statutory

22 summary alcohol, other drug or drugs, or intoxicating compound

23 or compounds related suspension or revocation; implied

24 consent.

25 (a) Any person who drives or is in actual physical control

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1 of a motor vehicle upon the public highways of this State shall

2 be deemed to have given consent, subject to the provisions of

3 Section 11-501.2, to a chemical test or tests of blood, breath,

4 or urine for the purpose of determining the content of alcohol,

5 other drug or drugs including but not limited to synthetic

6 drugs enumerated under Section 204 of the Illinois Controlled

7 Substances Act and controlled substance analogs, or

8 intoxicating compound or compounds or any combination thereof

9 in the person's blood if arrested, as evidenced by the issuance

10 of a Uniform Traffic Ticket, for any offense as defined in

11 Section 11-501 or a similar provision of a local ordinance, or

12 if arrested for violating Section 11-401. If a law enforcement

13 officer has probable cause to believe the person was under the

14 influence of alcohol, other drug or drugs including but not

15 limited to synthetic drugs enumerated under Section 204 of the

16 Illinois Controlled Substances Act and controlled substance

17 analogs, intoxicating compound or compounds, or any

18 combination thereof, the law enforcement officer shall request

19 a chemical test or tests which shall be administered at the

20 direction of the arresting officer. The law enforcement agency

21 employing the officer shall designate which of the aforesaid

22 tests shall be administered. A urine test may be administered

23 even after a blood or breath test or both has been

24 administered. For purposes of this Section, an Illinois law

25 enforcement officer of this State who is investigating the

26 person for any offense defined in Section 11-501 may travel

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1 into an adjoining state, where the person has been transported

2 for medical care, to complete an investigation and to request

3 that the person submit to the test or tests set forth in this

4 Section. The requirements of this Section that the person be

5 arrested are inapplicable, but the officer shall issue the

6 person a Uniform Traffic Ticket for an offense as defined in

7 Section 11-501 or a similar provision of a local ordinance

8 prior to requesting that the person submit to the test or

9 tests. The issuance of the Uniform Traffic Ticket shall not

10 constitute an arrest, but shall be for the purpose of notifying

11 the person that he or she is subject to the provisions of this

12 Section and of the officer's belief of the existence of

13 probable cause to arrest. Upon returning to this State, the

14 officer shall file the Uniform Traffic Ticket with the Circuit

15 Clerk of the county where the offense was committed, and shall

16 seek the issuance of an arrest warrant or a summons for the

17 person.

18 (a-5) (Blank).

19 (b) Any person who is dead, unconscious, or who is

20 otherwise in a condition rendering the person incapable of

21 refusal, shall be deemed not to have withdrawn the consent

22 provided by paragraph (a) of this Section and the test or tests

23 may be administered, subject to the provisions of Section

24 11-501.2.

25 (c) A person requested to submit to a test as provided

26 above shall be warned by the law enforcement officer requesting

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1 the test that a refusal to submit to the test will result in

2 the statutory summary suspension of the person's privilege to

3 operate a motor vehicle, as provided in Section 6-208.1 of this

4 Code, and will also result in the disqualification of the

5 person's privilege to operate a commercial motor vehicle, as

6 provided in Section 6-514 of this Code, if the person is a CDL

7 holder. The person shall also be warned that a refusal to

8 submit to the test, when the person was involved in a motor

9 vehicle accident that caused personal injury or death to

10 another, will result in the statutory summary revocation of the

11 person's privilege to operate a motor vehicle, as provided in

12 Section 6-208.1, and will also result in the disqualification

13 of the person's privilege to operate a commercial motor

14 vehicle, as provided in Section 6-514 of this Code, if the

15 person is a CDL holder. The person shall also be warned by the

16 law enforcement officer that if the person submits to the test

17 or tests provided in paragraph (a) of this Section and the

18 alcohol concentration in the person's blood or breath is 0.08

19 or greater, or any amount of a drug, substance, or compound

20 resulting from the unlawful use or consumption of cannabis as

21 covered by the Cannabis Control Act, a controlled substance

22 listed in the Illinois Controlled Substances Act, an

23 intoxicating compound listed in the Use of Intoxicating

24 Compounds Act, or methamphetamine as listed in the

25 Methamphetamine Control and Community Protection Act is

26 detected in the person's blood or urine, a statutory summary

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1 suspension of the person's privilege to operate a motor

2 vehicle, as provided in Sections 6-208.1 and 11-501.1 of this

3 Code, and a disqualification of the person's privilege to

4 operate a commercial motor vehicle, as provided in Section

5 6-514 of this Code, if the person is a CDL holder, will be

6 imposed.

7 A person who is under the age of 21 at the time the person

8 is requested to submit to a test as provided above shall, in

9 addition to the warnings provided for in this Section, be

10 further warned by the law enforcement officer requesting the

11 test that if the person submits to the test or tests provided

12 in paragraph (a) of this Section and the alcohol concentration

13 in the person's blood or breath is greater than 0.00 and less

14 than 0.08, a suspension of the person's privilege to operate a

15 motor vehicle, as provided under Sections 6-208.2 and 11-501.8

16 of this Code, will be imposed. The results of this test shall

17 be admissible in a civil or criminal action or proceeding

18 arising from an arrest for an offense as defined in Section

19 11-501 of this Code or a similar provision of a local ordinance

20 or pursuant to Section 11-501.4 in prosecutions for reckless

21 homicide brought under the Criminal Code of 1961 or the

22 Criminal Code of 2012. These test results, however, shall be

23 admissible only in actions or proceedings directly related to

24 the incident upon which the test request was made.

25 (d) If the person refuses testing or submits to a test that

26 discloses an alcohol concentration of 0.08 or more, or any

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1 amount of a drug, substance, or intoxicating compound in the

2 person's breath, blood, or urine resulting from the unlawful

3 use or consumption of cannabis listed in the Cannabis Control

4 Act, a controlled substance listed in the Illinois Controlled

5 Substances Act, an intoxicating compound listed in the Use of

6 Intoxicating Compounds Act, or methamphetamine as listed in the

7 Methamphetamine Control and Community Protection Act, the law

8 enforcement officer shall immediately submit a sworn report to

9 the circuit court of venue and the Secretary of State,

10 certifying that the test or tests was or were requested under

11 paragraph (a) and the person refused to submit to a test, or

12 tests, or submitted to testing that disclosed an alcohol

13 concentration of 0.08 or more.

14 (e) Upon receipt of the sworn report of a law enforcement

15 officer submitted under paragraph (d), the Secretary of State

16 shall enter the statutory summary suspension or revocation and

17 disqualification for the periods specified in Sections 6-208.1

18 and 6-514, respectively, and effective as provided in paragraph

19 (g).

20 If the person is a first offender as defined in Section

21 11-500 of this Code, and is not convicted of a violation of

22 Section 11-501 of this Code or a similar provision of a local

23 ordinance, then reports received by the Secretary of State

24 under this Section shall, except during the actual time the

25 Statutory Summary Suspension is in effect, be privileged

26 information and for use only by the courts, police officers,

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1 prosecuting authorities or the Secretary of State, unless the

2 person is a CDL holder, is operating a commercial motor vehicle

3 or vehicle required to be placarded for hazardous materials, in

4 which case the suspension shall not be privileged. Reports

5 received by the Secretary of State under this Section shall

6 also be made available to the parent or guardian of a person

7 under the age of 18 years that holds an instruction permit or a

8 graduated driver's license, regardless of whether the

9 statutory summary suspension is in effect. A statutory summary

10 revocation shall not be privileged information.

11 (f) The law enforcement officer submitting the sworn report

12 under paragraph (d) shall serve immediate notice of the

13 statutory summary suspension or revocation on the person and

14 the suspension or revocation and disqualification shall be

15 effective as provided in paragraph (g).

16 (1) In cases where the blood alcohol concentration of

17 0.08 or greater or any amount of a drug, substance, or

18 compound resulting from the unlawful use or consumption of

19 cannabis as covered by the Cannabis Control Act, a

20 controlled substance listed in the Illinois Controlled

21 Substances Act, an intoxicating compound listed in the Use

22 of Intoxicating Compounds Act, or methamphetamine as

23 listed in the Methamphetamine Control and Community

24 Protection Act is established by a subsequent analysis of

25 blood or urine collected at the time of arrest, the

26 arresting officer or arresting agency shall give notice as

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1 provided in this Section or by deposit in the United States

2 mail of the notice in an envelope with postage prepaid and

3 addressed to the person at his address as shown on the

4 Uniform Traffic Ticket and the statutory summary

5 suspension and disqualification shall begin as provided in

6 paragraph (g). The officer shall confiscate any Illinois

7 driver's license or permit on the person at the time of

8 arrest. If the person has a valid driver's license or

9 permit, the officer shall issue the person a receipt, in a

10 form prescribed by the Secretary of State, that will allow

11 that person to drive during the periods provided for in

12 paragraph (g). The officer shall immediately forward the

13 driver's license or permit to the circuit court of venue

14 along with the sworn report provided for in paragraph (d).

15 (2) (Blank).

16 (g) The statutory summary suspension or revocation and

17 disqualification referred to in this Section shall take effect

18 on the 46th day following the date the notice of the statutory

19 summary suspension or revocation was given to the person.

20 (h) The following procedure shall apply whenever a person

21 is arrested for any offense as defined in Section 11-501 or a

22 similar provision of a local ordinance:

23 Upon receipt of the sworn report from the law enforcement

24 officer, the Secretary of State shall confirm the statutory

25 summary suspension or revocation by mailing a notice of the

26 effective date of the suspension or revocation to the person

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1 and the court of venue. The Secretary of State shall also mail

2 notice of the effective date of the disqualification to the

3 person. However, should the sworn report be defective by not

4 containing sufficient information or be completed in error, the

5 confirmation of the statutory summary suspension or revocation

6 shall not be mailed to the person or entered to the record;

7 instead, the sworn report shall be forwarded to the court of

8 venue with a copy returned to the issuing agency identifying

9 any defect.

10 (i) As used in this Section, "personal injury" includes any

11 Type A injury as indicated on the traffic accident report

12 completed by a law enforcement officer that requires immediate

13 professional attention in either a doctor's office or a medical

14 facility. A Type A injury includes severely bleeding wounds,

15 distorted extremities, and injuries that require the injured

16 party to be carried from the scene.

17 (Source: P.A. 97-333, eff. 8-12-11; 97-471, eff. 8-22-11;

18 97-1150, eff. 1-25-13; 98-122, eff. 1-1-14; 98-1172, eff.

19 1-12-15.)

20 (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)

21 Sec. 11-501.2. Chemical and other tests.

22 (a) Upon the trial of any civil or criminal action or

23 proceeding arising out of an arrest for an offense as defined

24 in Section 11-501 or a similar local ordinance or proceedings

25 pursuant to Section 2-118.1, evidence of the concentration of

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1 alcohol, other drug or drugs including but not limited to

2 synthetic drugs enumerated under Section 204 of the Illinois

3 Controlled Substances Act and controlled substance analogs, or

4 intoxicating compound or compounds, or any combination thereof

5 in a person's blood or breath at the time alleged, as

6 determined by analysis of the person's blood, urine, breath or

7 other bodily substance, shall be admissible. Where such test is

8 made the following provisions shall apply:

9 1. Chemical analyses of the person's blood, urine,

10 breath or other bodily substance to be considered valid

11 under the provisions of this Section shall have been

12 performed according to standards promulgated by the

13 Department of State Police by a licensed physician,

14 registered nurse, trained phlebotomist, licensed

15 paramedic, or other individual possessing a valid permit

16 issued by that Department for this purpose. The Director of

17 State Police is authorized to approve satisfactory

18 techniques or methods, to ascertain the qualifications and

19 competence of individuals to conduct such analyses, to

20 issue permits which shall be subject to termination or

21 revocation at the discretion of that Department and to

22 certify the accuracy of breath testing equipment. The

23 Department of State Police shall prescribe regulations as

24 necessary to implement this Section.

25 2. When a person in this State shall submit to a blood

26 test at the request of a law enforcement officer under the

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1 provisions of Section 11-501.1, only a physician

2 authorized to practice medicine, a licensed physician

3 assistant, a licensed advanced practice nurse, a

4 registered nurse, trained phlebotomist, or licensed

5 paramedic, or other qualified person approved by the

6 Department of State Police may withdraw blood for the

7 purpose of determining the alcohol, drug, or alcohol and

8 drug content therein. This limitation shall not apply to

9 the taking of breath or urine specimens.

10 When a blood test of a person who has been taken to an

11 adjoining state for medical treatment is requested by an

12 Illinois law enforcement officer, the blood may be

13 withdrawn only by a physician authorized to practice

14 medicine in the adjoining state, a licensed physician

15 assistant, a licensed advanced practice nurse, a

16 registered nurse, a trained phlebotomist acting under the

17 direction of the physician, or licensed paramedic. The law

18 enforcement officer requesting the test shall take custody

19 of the blood sample, and the blood sample shall be analyzed

20 by a laboratory certified by the Department of State Police

21 for that purpose.

22 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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1 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

4 officer.

5 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.

10 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.

13 (a-5) Law enforcement officials may use standardized field

14 sobriety tests approved by the National Highway Traffic Safety

15 Administration when conducting investigations of a violation

16 of Section 11-501 or similar local ordinance by drivers

17 suspected of driving under the influence of cannabis. The

18 General Assembly finds that standardized field sobriety tests

19 approved by the National Highway Traffic Safety Administration

20 are divided attention tasks that are intended to determine if a

21 person is under the influence of cannabis. The purpose of these

22 tests is to determine the effect of the use of cannabis on a

23 person's capacity to think and act with ordinary care and

24 therefore operate a motor vehicle safely. Therefore, the

25 results of these standardized field sobriety tests,

26 appropriately administered, shall be admissible in the trial of

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1 any civil or criminal action or proceeding arising out of an

2 arrest for a cannabis-related offense as defined in Section

3 11-501 or a similar local ordinance or proceedings under

4 Section 2-118.1 or 2-118.2. Where a test is made the following

5 provisions shall apply:

6 1. The person tested may have a physician, or a

7 qualified technician, chemist, registered nurse, or other

8 qualified person of their own choosing administer a

9 chemical test or tests in addition to the standardized

10 field sobriety test or tests administered at the direction

11 of a law enforcement officer. The failure or inability to

12 obtain an additional test by a person does not preclude the

13 admission of evidence relating to the test or tests taken

14 at the direction of a law enforcement officer.

15 2. Upon the request of the person who shall submit to a

16 standardized field sobriety test or tests at the request of

17 a law enforcement officer, full information concerning the

18 test or tests shall be made available to the person or the

19 person's attorney.

20 3. At the trial of any civil or criminal action or

21 proceeding arising out of an arrest for an offense as

22 defined in Section 11-501 or a similar local ordinance or

23 proceedings under Section 2-118.1 or 2-118.2 in which the

24 results of these standardized field sobriety tests are

25 admitted, the cardholder may present and the trier of fact

26 may consider evidence that the card holder lacked the

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1 physical capacity to perform the standardized field

2 sobriety tests.

3 (b) Upon the trial of any civil or criminal action or

4 proceeding arising out of acts alleged to have been committed

5 by any person while driving or in actual physical control of a

6 vehicle while under the influence of alcohol, the concentration

7 of alcohol in the person's blood or breath at the time alleged

8 as shown by analysis of the person's blood, urine, breath, or

9 other bodily substance shall give rise to the following

10 presumptions:

11 1. If there was at that time an alcohol concentration

12 of 0.05 or less, it shall be presumed that the person was

13 not under the influence of alcohol.

14 2. If there was at that time an alcohol concentration

15 in excess of 0.05 but less than 0.08, such facts shall not

16 give rise to any presumption that the person was or was not

17 under the influence of alcohol, but such fact may be

18 considered with other competent evidence in determining

19 whether the person was under the influence of alcohol.

20 3. If there was at that time an alcohol concentration

21 of 0.08 or more, it shall be presumed that the person was

22 under the influence of alcohol.

23 4. The foregoing provisions of this Section shall not

24 be construed as limiting the introduction of any other

25 relevant evidence bearing upon the question whether the

26 person was under the influence of alcohol.

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1 (c) 1. If a person under arrest refuses to submit to a

2 chemical test under the provisions of Section 11-501.1,

3 evidence of refusal shall be admissible in any civil or

4 criminal action or proceeding arising out of acts alleged to

5 have been committed while the person under the influence of

6 alcohol, other drug or drugs, or intoxicating compound or

7 compounds, or any combination thereof was driving or in actual

8 physical control of a motor vehicle.

9 2. Notwithstanding any ability to refuse under this Code to

10 submit to these tests or any ability to revoke the implied

11 consent to these tests, if a law enforcement officer has

12 probable cause to believe that a motor vehicle driven by or in

13 actual physical control of a person under the influence of

14 alcohol, other drug or drugs, or intoxicating compound or

15 compounds, or any combination thereof has caused the death or

16 personal injury to another, the law enforcement officer shall

17 request, and that person shall submit, upon the request of a

18 law enforcement officer, to a chemical test or tests of his or

19 her blood, breath or urine for the purpose of determining the

20 alcohol content thereof or the presence of any other drug or

21 combination of both.

22 This provision does not affect the applicability of or

23 imposition of driver's license sanctions under Section

24 11-501.1 of this Code.

25 3. For purposes of this Section, a personal injury includes

26 any Type A injury as indicated on the traffic accident report

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1 completed by a law enforcement officer that requires immediate

2 professional attention in either a doctor's office or a medical

3 facility. A Type A injury includes severe bleeding wounds,

4 distorted extremities, and injuries that require the injured

5 party to be carried from the scene.

6 (d) If a person refuses standardized field sobriety tests

7 under Section 11-501.9 of this Code, evidence of refusal shall

8 be admissible in any civil or criminal action or proceeding

9 arising out of acts committed while the person was driving or

10 in actual physical control of a vehicle and alleged to have

11 been impaired by the use of cannabis.

12 (Source: P.A. 97-450, eff. 8-19-11; 97-471, eff. 8-22-11;

13 97-813, eff. 7-13-12; 98-122, eff. 1-1-14; 98-973, eff.

14 8-15-14; 98-1172, eff. 1-12-15.)

15 (625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)

16 Sec. 11-501.4. Admissibility of chemical tests of blood or

17 urine conducted in the regular course of providing emergency

18 medical treatment.

19 (a) Notwithstanding any other provision of law, the results

20 of blood or urine tests performed for the purpose of

21 determining the content of alcohol, other drug or drugs

22 including but not limited to synthetic drugs enumerated under

23 Section 204 of the Illinois Controlled Substances Act and

24 controlled substance analogs, or intoxicating compound or

25 compounds, or any combination thereof, of an individual's blood

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1 or urine conducted upon persons receiving medical treatment in

2 a hospital emergency room are admissible in evidence as a

3 business record exception to the hearsay rule only in

4 prosecutions for any violation of Section 11-501 of this Code

5 or a similar provision of a local ordinance, or in prosecutions

6 for reckless homicide brought under the Criminal Code of 1961

7 or the Criminal Code of 2012, when each of the following

8 criteria are met:

9 (1) the chemical tests performed upon an individual's

10 blood or urine were ordered in the regular course of

11 providing emergency medical treatment and not at the

12 request of law enforcement authorities;

13 (2) the chemical tests performed upon an individual's

14 blood or urine were performed by the laboratory routinely

15 used by the hospital; and

16 (3) results of chemical tests performed upon an

17 individual's blood or urine are admissible into evidence

18 regardless of the time that the records were prepared.

19 (b) The confidentiality provisions of law pertaining to

20 medical records and medical treatment shall not be applicable

21 with regard to chemical tests performed upon an individual's

22 blood or urine under the provisions of this Section in

23 prosecutions as specified in subsection (a) of this Section. No

24 person shall be liable for civil damages as a result of the

25 evidentiary use of chemical testing of an individual's blood or

26 urine test results under this Section, or as a result of that

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1 person's testimony made available under this Section.

2 (Source: P.A. 96-289, eff. 8-11-09; 97-1150, eff. 1-25-13.)

3 (625 ILCS 5/11-501.4-1)

4 Sec. 11-501.4-1. Reporting of test results of blood or

5 urine conducted in the regular course of providing emergency

6 medical treatment.

7 (a) Notwithstanding any other provision of law, the results

8 of blood or urine tests performed for the purpose of

9 determining the content of alcohol, other drug or drugs

10 including but not limited to synthetic drugs enumerated under

11 Section 204 of the Illinois Controlled Substances Act and

12 controlled substance analogs, or intoxicating compound or

13 compounds, or any combination thereof, in an individual's blood

14 or urine conducted upon persons receiving medical treatment in

15 a hospital emergency room for injuries resulting from a motor

16 vehicle accident shall be disclosed to the Department of State

17 Police or local law enforcement agencies of jurisdiction, upon

18 request. Such blood or urine tests are admissible in evidence

19 as a business record exception to the hearsay rule only in

20 prosecutions for any violation of Section 11-501 of this Code

21 or a similar provision of a local ordinance, or in prosecutions

22 for reckless homicide brought under the Criminal Code of 1961

23 or the Criminal Code of 2012.

24 (b) The confidentiality provisions of law pertaining to

25 medical records and medical treatment shall not be applicable

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1 with regard to tests performed upon an individual's blood or

2 urine under the provisions of subsection (a) of this Section.

3 No person shall be liable for civil damages or professional

4 discipline as a result of the disclosure or reporting of the

5 tests or the evidentiary use of an individual's blood or urine

6 test results under this Section or Section 11-501.4 or as a

7 result of that person's testimony made available under this

8 Section or Section 11-501.4, except for willful or wanton

9 misconduct.

10 (Source: P.A. 97-1150, eff. 1-25-13.)

11 (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)

12 Sec. 11-501.6. Driver involvement in personal injury or

13 fatal motor vehicle accident; chemical test.

14 (a) Any person who drives or is in actual control of a

15 motor vehicle upon the public highways of this State and who

16 has been involved in a personal injury or fatal motor vehicle

17 accident, shall be deemed to have given consent to a breath

18 test using a portable device as approved by the Department of

19 State Police or to a chemical test or tests of blood, breath,

20 or urine for the purpose of determining the content of alcohol,

21 other drug or drugsincluding but not limited to synthetic

22 drugs enumerated under Section 204 of the Illinois Controlled

23 Substances Act and controlled substance analogs, or

24 intoxicating compound or compounds of such person's blood if

25 arrested as evidenced by the issuance of a Uniform Traffic

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1 Ticket for any violation of the Illinois Vehicle Code or a

2 similar provision of a local ordinance, with the exception of

3 equipment violations contained in Chapter 12 of this Code, or

4 similar provisions of local ordinances. The test or tests shall

5 be administered at the direction of the arresting officer. The

6 law enforcement agency employing the officer shall designate

7 which of the aforesaid tests shall be administered. A urine

8 test may be administered even after a blood or breath test or

9 both has been administered. Compliance with this Section does

10 not relieve such person from the requirements of Section

11 11-501.1 of this Code.

12 (b) Any person who is dead, unconscious or who is otherwise

13 in a condition rendering such person incapable of refusal shall

14 be deemed not to have withdrawn the consent provided by

15 subsection (a) of this Section. In addition, if a driver of a

16 vehicle is receiving medical treatment as a result of a motor

17 vehicle accident, any physician licensed to practice medicine,

18 licensed physician assistant, licensed advanced practice

19 nurse, registered nurse or a phlebotomist acting under the

20 direction of a licensed physician shall withdraw blood for

21 testing purposes to ascertain the presence of alcohol, other

22 drug or drugs including but not limited to synthetic drugs

23 enumerated under Section 204 of the Illinois Controlled

24 Substances Act and controlled substance analogs, or

25 intoxicating compound or compounds, upon the specific request

26 of a law enforcement officer. However, no such testing shall be

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1 performed until, in the opinion of the medical personnel on

2 scene, the withdrawal can be made without interfering with or

3 endangering the well-being of the patient.

4 (c) A person requested to submit to a test as provided

5 above shall be warned by the law enforcement officer requesting

6 the test that a refusal to submit to the test, or submission to

7 the test resulting in an alcohol concentration of 0.08 or more,

8 or any amount of a drug, substance, or intoxicating compound

9 resulting from the unlawful use or consumption of cannabis, as

10 covered by the Cannabis Control Act, a controlled substance

11 listed in the Illinois Controlled Substances Act, an

12 intoxicating compound listed in the Use of Intoxicating

13 Compounds Act, or methamphetamine as listed in the

14 Methamphetamine Control and Community Protection Act as

15 detected in such person's blood or urine, may result in the

16 suspension of such person's privilege to operate a motor

17 vehicle and may result in the disqualification of the person's

18 privilege to operate a commercial motor vehicle, as provided in

19 Section 6-514 of this Code, if the person is a CDL holder. The

20 length of the suspension shall be the same as outlined in

21 Section 6-208.1 of this Code regarding statutory summary

22 suspensions.

23 (d) If the person refuses testing or submits to a test

24 which discloses an alcohol concentration of 0.08 or more, or

25 any amount of a drug, substance, or intoxicating compound in

26 such person's blood or urine resulting from the unlawful use or

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1 consumption of cannabis listed in the Cannabis Control Act, a

2 controlled substance listed in the Illinois Controlled

3 Substances Act, an intoxicating compound listed in the Use of

4 Intoxicating Compounds Act, or methamphetamine as listed in the

5 Methamphetamine Control and Community Protection Act, the law

6 enforcement officer shall immediately submit a sworn report to

7 the Secretary of State on a form prescribed by the Secretary,

8 certifying that the test or tests were requested pursuant to

9 subsection (a) and the person refused to submit to a test or

10 tests or submitted to testing which disclosed an alcohol

11 concentration of 0.08 or more, or any amount of a drug,

12 substance, or intoxicating compound in such person's blood or

13 urine, resulting from the unlawful use or consumption of

14 cannabis listed in the Cannabis Control Act, a controlled

15 substance listed in the Illinois Controlled Substances Act, an

16 intoxicating compound listed in the Use of Intoxicating

17 Compounds Act, or methamphetamine as listed in the

18 Methamphetamine Control and Community Protection Act.

19 Upon receipt of the sworn report of a law enforcement

20 officer, the Secretary shall enter the suspension and

21 disqualification to the individual's driving record and the

22 suspension and disqualification shall be effective on the 46th

23 day following the date notice of the suspension was given to

24 the person.

25 The law enforcement officer submitting the sworn report

26 shall serve immediate notice of this suspension on the person

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1 and such suspension and disqualification shall be effective on

2 the 46th day following the date notice was given.

3 In cases where the blood alcohol concentration of 0.08 or

4 more, or any amount of a drug, substance, or intoxicating

5 compound resulting from the unlawful use or consumption of

6 cannabis as listed in the Cannabis Control Act, a controlled

7 substance listed in the Illinois Controlled Substances Act, an

8 intoxicating compound listed in the Use of Intoxicating

9 Compounds Act, or methamphetamine as listed in the

10 Methamphetamine Control and Community Protection Act, is

11 established by a subsequent analysis of blood or urine

12 collected at the time of arrest, the arresting officer shall

13 give notice as provided in this Section or by deposit in the

14 United States mail of such notice in an envelope with postage

15 prepaid and addressed to such person at his address as shown on

16 the Uniform Traffic Ticket and the suspension and

17 disqualification shall be effective on the 46th day following

18 the date notice was given.

19 Upon receipt of the sworn report of a law enforcement

20 officer, the Secretary shall also give notice of the suspension

21 and disqualification to the driver by mailing a notice of the

22 effective date of the suspension and disqualification to the

23 individual. However, should the sworn report be defective by

24 not containing sufficient information or be completed in error,

25 the notice of the suspension and disqualification shall not be

26 mailed to the person or entered to the driving record, but

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1 rather the sworn report shall be returned to the issuing law

2 enforcement agency.

3 (e) A driver may contest this suspension of his or her

4 driving privileges and disqualification of his or her CDL

5 privileges by requesting an administrative hearing with the

6 Secretary in accordance with Section 2-118 of this Code. At the

7 conclusion of a hearing held under Section 2-118 of this Code,

8 the Secretary may rescind, continue, or modify the orders of

9 suspension and disqualification. If the Secretary does not

10 rescind the orders of suspension and disqualification, a

11 restricted driving permit may be granted by the Secretary upon

12 application being made and good cause shown. A restricted

13 driving permit may be granted to relieve undue hardship to

14 allow driving for employment, educational, and medical

15 purposes as outlined in Section 6-206 of this Code. The

16 provisions of Section 6-206 of this Code shall apply. In

17 accordance with 49 C.F.R. 384, the Secretary of State may not

18 issue a restricted driving permit for the operation of a

19 commercial motor vehicle to a person holding a CDL whose

20 driving privileges have been suspended, revoked, cancelled, or

21 disqualified.

22 (f) (Blank).

23 (g) For the purposes of this Section, a personal injury

24 shall include any type A injury as indicated on the traffic

25 accident report completed by a law enforcement officer that

26 requires immediate professional attention in either a doctor's

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1 office or a medical facility. A type A injury shall include

2 severely bleeding wounds, distorted extremities, and injuries

3 that require the injured party to be carried from the scene.

4 (Source: P.A. 96-1344, eff. 7-1-11; 97-450, eff. 8-19-11;

5 97-835, eff. 7-20-12.)

6 Section 99. Effective date. This Act takes effect upon

7 becoming law.