Bill Text: IL HB1241 | 2011-2012 | 97th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Vehicle Code. Provides that if a law enforcement officer has probable cause to believe a person involved in a motor vehicle accident causing personal injury or death was under the influence of alcohol or drugs, the law enforcement officer shall request a chemical test. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2011-08-22 - Public Act . . . . . . . . . 97-0471 [HB1241 Detail]

Download: Illinois-2011-HB1241-Engrossed.html

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HB1241 Engrossed LRB097 06591 HEP 46676 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Sections 11-501.1 and 11-501.2 as follows:
(625 ILCS 5/11-501.1)
(Text of Section before amendment by P.A. 96-1344)
Sec. 11-501.1. Suspension of drivers license; statutory
summary alcohol, other drug or drugs, or intoxicating compound
or compounds related suspension; implied consent.
(a) Any person who drives or is in actual physical control
of a motor vehicle upon the public highways of this State shall
be deemed to have given consent, subject to the provisions of
Section 11-501.2, to a chemical test or tests of blood, breath,
or urine for the purpose of determining the content of alcohol,
other drug or drugs, or intoxicating compound or compounds or
any combination thereof in the person's blood if arrested, as
evidenced by the issuance of a Uniform Traffic Ticket, for any
offense as defined in Section 11-501 or a similar provision of
a local ordinance, or if arrested for violating Section 11-401.
If a law enforcement officer has probable cause to believe the
person was under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination

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thereof, the law enforcement officer shall request a chemical
test or tests which The test or tests shall be administered at
the direction of the arresting officer. The law enforcement
agency employing the officer shall designate which of the
aforesaid tests shall be administered. A urine test may be
administered even after a blood or breath test or both has been
administered. For purposes of this Section, an Illinois law
enforcement officer of this State who is investigating the
person for any offense defined in Section 11-501 may travel
into an adjoining state, where the person has been transported
for medical care, to complete an investigation and to request
that the person submit to the test or tests set forth in this
Section. The requirements of this Section that the person be
arrested are inapplicable, but the officer shall issue the
person a Uniform Traffic Ticket for an offense as defined in
Section 11-501 or a similar provision of a local ordinance
prior to requesting that the person submit to the test or
tests. The issuance of the Uniform Traffic Ticket shall not
constitute an arrest, but shall be for the purpose of notifying
the person that he or she is subject to the provisions of this
Section and of the officer's belief of the existence of
probable cause to arrest. Upon returning to this State, the
officer shall file the Uniform Traffic Ticket with the Circuit
Clerk of the county where the offense was committed, and shall
seek the issuance of an arrest warrant or a summons for the
person.

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(b) Any person who is dead, unconscious, or who is
otherwise in a condition rendering the person incapable of
refusal, shall be deemed not to have withdrawn the consent
provided by paragraph (a) of this Section and the test or tests
may be administered, subject to the provisions of Section
11-501.2.
(c) A person requested to submit to a test as provided
above shall be warned by the law enforcement officer requesting
the test that a refusal to submit to the test will result in
the statutory summary suspension of the person's privilege to
operate a motor vehicle, as provided in Section 6-208.1 of this
Code, and will also result in the disqualification of the
person's privilege to operate a commercial motor vehicle, as
provided in Section 6-514 of this Code, if the person is a CDL
holder. The person shall also be warned by the law enforcement
officer that if the person submits to the test or tests
provided in paragraph (a) of this Section and the alcohol
concentration in the person's blood or breath is 0.08 or
greater, or any amount of a drug, substance, or compound
resulting from the unlawful use or consumption of cannabis as
covered by the Cannabis Control Act, a controlled substance
listed in the Illinois Controlled Substances Act, an
intoxicating compound listed in the Use of Intoxicating
Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act is
detected in the person's blood or urine, a statutory summary

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suspension of the person's privilege to operate a motor
vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
Code, and a disqualification of the person's privilege to
operate a commercial motor vehicle, as provided in Section
6-514 of this Code, if the person is a CDL holder, will be
imposed.
A person who is under the age of 21 at the time the person
is requested to submit to a test as provided above shall, in
addition to the warnings provided for in this Section, be
further warned by the law enforcement officer requesting the
test that if the person submits to the test or tests provided
in paragraph (a) of this Section and the alcohol concentration
in the person's blood or breath is greater than 0.00 and less
than 0.08, a suspension of the person's privilege to operate a
motor vehicle, as provided under Sections 6-208.2 and 11-501.8
of this Code, will be imposed. The results of this test shall
be admissible in a civil or criminal action or proceeding
arising from an arrest for an offense as defined in Section
11-501 of this Code or a similar provision of a local ordinance
or pursuant to Section 11-501.4 in prosecutions for reckless
homicide brought under the Criminal Code of 1961. These test
results, however, shall be admissible only in actions or
proceedings directly related to the incident upon which the
test request was made.
(d) If the person refuses testing or submits to a test that
discloses an alcohol concentration of 0.08 or more, or any

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amount of a drug, substance, or intoxicating compound in the
person's breath, blood, or urine resulting from the unlawful
use or consumption of cannabis listed in the Cannabis Control
Act, a controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to
the circuit court of venue and the Secretary of State,
certifying that the test or tests was or were requested under
paragraph (a) and the person refused to submit to a test, or
tests, or submitted to testing that disclosed an alcohol
concentration of 0.08 or more.
(e) Upon receipt of the sworn report of a law enforcement
officer submitted under paragraph (d), the Secretary of State
shall enter the statutory summary suspension and
disqualification for the periods specified in Sections 6-208.1
and 6-514, respectively, and effective as provided in paragraph
(g).
If the person is a first offender as defined in Section
11-500 of this Code, and is not convicted of a violation of
Section 11-501 of this Code or a similar provision of a local
ordinance, then reports received by the Secretary of State
under this Section shall, except during the actual time the
Statutory Summary Suspension is in effect, be privileged
information and for use only by the courts, police officers,

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prosecuting authorities or the Secretary of State, unless the
person is a CDL holder, is operating a commercial motor vehicle
or vehicle required to be placarded for hazardous materials, in
which case the suspension shall not be privileged. Reports
received by the Secretary of State under this Section shall
also be made available to the parent or guardian of a person
under the age of 18 years that holds an instruction permit or a
graduated driver's license, regardless of whether the
statutory summary suspension is in effect.
(f) The law enforcement officer submitting the sworn report
under paragraph (d) shall serve immediate notice of the
statutory summary suspension on the person and the suspension
and disqualification shall be effective as provided in
paragraph (g). In cases where the blood alcohol concentration
of 0.08 or greater or any amount of a drug, substance, or
compound resulting from the unlawful use or consumption of
cannabis as covered by the Cannabis Control Act, a controlled
substance listed in the Illinois Controlled Substances Act, an
intoxicating compound listed in the Use of Intoxicating
Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act is
established by a subsequent analysis of blood or urine
collected at the time of arrest, the arresting officer or
arresting agency shall give notice as provided in this Section
or by deposit in the United States mail of the notice in an
envelope with postage prepaid and addressed to the person at

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his address as shown on the Uniform Traffic Ticket and the
statutory summary suspension and disqualification shall begin
as provided in paragraph (g). The officer shall confiscate any
Illinois driver's license or permit on the person at the time
of arrest. If the person has a valid driver's license or
permit, the officer shall issue the person a receipt, in a form
prescribed by the Secretary of State, that will allow that
person to drive during the periods provided for in paragraph
(g). The officer shall immediately forward the driver's license
or permit to the circuit court of venue along with the sworn
report provided for in paragraph (d).
(g) The statutory summary suspension and disqualification
referred to in this Section shall take effect on the 46th day
following the date the notice of the statutory summary
suspension was given to the person.
(h) The following procedure shall apply whenever a person
is arrested for any offense as defined in Section 11-501 or a
similar provision of a local ordinance:
Upon receipt of the sworn report from the law enforcement
officer, the Secretary of State shall confirm the statutory
summary suspension by mailing a notice of the effective date of
the suspension to the person and the court of venue. The
Secretary of State shall also mail notice of the effective date
of the disqualification to the person. However, should the
sworn report be defective by not containing sufficient
information or be completed in error, the confirmation of the

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statutory summary suspension shall not be mailed to the person
or entered to the record; instead, the sworn report shall be
forwarded to the court of venue with a copy returned to the
issuing agency identifying any defect.
(Source: P.A. 95-201, eff. 1-1-08; 95-382, eff. 8-23-07;
95-876, eff. 8-21-08; 96-1080, eff. 7-16-10.)
(Text of Section after amendment by P.A. 96-1344)
Sec. 11-501.1. Suspension of drivers license; statutory
summary alcohol, other drug or drugs, or intoxicating compound
or compounds related suspension or revocation; implied
consent.
(a) Any person who drives or is in actual physical control
of a motor vehicle upon the public highways of this State shall
be deemed to have given consent, subject to the provisions of
Section 11-501.2, to a chemical test or tests of blood, breath,
or urine for the purpose of determining the content of alcohol,
other drug or drugs, or intoxicating compound or compounds or
any combination thereof in the person's blood if arrested, as
evidenced by the issuance of a Uniform Traffic Ticket, for any
offense as defined in Section 11-501 or a similar provision of
a local ordinance, or if arrested for violating Section 11-401.
If a law enforcement officer has probable cause to believe the
person was under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof, the law enforcement officer shall request a chemical

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test or tests which The test or tests shall be administered at
the direction of the arresting officer. The law enforcement
agency employing the officer shall designate which of the
aforesaid tests shall be administered. A urine test may be
administered even after a blood or breath test or both has been
administered. For purposes of this Section, an Illinois law
enforcement officer of this State who is investigating the
person for any offense defined in Section 11-501 may travel
into an adjoining state, where the person has been transported
for medical care, to complete an investigation and to request
that the person submit to the test or tests set forth in this
Section. The requirements of this Section that the person be
arrested are inapplicable, but the officer shall issue the
person a Uniform Traffic Ticket for an offense as defined in
Section 11-501 or a similar provision of a local ordinance
prior to requesting that the person submit to the test or
tests. The issuance of the Uniform Traffic Ticket shall not
constitute an arrest, but shall be for the purpose of notifying
the person that he or she is subject to the provisions of this
Section and of the officer's belief of the existence of
probable cause to arrest. Upon returning to this State, the
officer shall file the Uniform Traffic Ticket with the Circuit
Clerk of the county where the offense was committed, and shall
seek the issuance of an arrest warrant or a summons for the
person.
(b) Any person who is dead, unconscious, or who is

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otherwise in a condition rendering the person incapable of
refusal, shall be deemed not to have withdrawn the consent
provided by paragraph (a) of this Section and the test or tests
may be administered, subject to the provisions of Section
11-501.2.
(c) A person requested to submit to a test as provided
above shall be warned by the law enforcement officer requesting
the test that a refusal to submit to the test will result in
the statutory summary suspension of the person's privilege to
operate a motor vehicle, as provided in Section 6-208.1 of this
Code, and will also result in the disqualification of the
person's privilege to operate a commercial motor vehicle, as
provided in Section 6-514 of this Code, if the person is a CDL
holder. The person shall also be warned that a refusal to
submit to the test, when the person was involved in a motor
vehicle accident that caused personal injury or death to
another, will result in the statutory summary revocation of the
person's privilege to operate a motor vehicle, as provided in
Section 6-208.1, and will also result in the disqualification
of the person's privilege to operate a commercial motor
vehicle, as provided in Section 6-514 of this Code, if the
person is a CDL holder. The person shall also be warned by the
law enforcement officer that if the person submits to the test
or tests provided in paragraph (a) of this Section and the
alcohol concentration in the person's blood or breath is 0.08
or greater, or any amount of a drug, substance, or compound

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resulting from the unlawful use or consumption of cannabis as
covered by the Cannabis Control Act, a controlled substance
listed in the Illinois Controlled Substances Act, an
intoxicating compound listed in the Use of Intoxicating
Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act is
detected in the person's blood or urine, a statutory summary
suspension of the person's privilege to operate a motor
vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
Code, and a disqualification of the person's privilege to
operate a commercial motor vehicle, as provided in Section
6-514 of this Code, if the person is a CDL holder, will be
imposed.
A person who is under the age of 21 at the time the person
is requested to submit to a test as provided above shall, in
addition to the warnings provided for in this Section, be
further warned by the law enforcement officer requesting the
test that if the person submits to the test or tests provided
in paragraph (a) of this Section and the alcohol concentration
in the person's blood or breath is greater than 0.00 and less
than 0.08, a suspension of the person's privilege to operate a
motor vehicle, as provided under Sections 6-208.2 and 11-501.8
of this Code, will be imposed. The results of this test shall
be admissible in a civil or criminal action or proceeding
arising from an arrest for an offense as defined in Section
11-501 of this Code or a similar provision of a local ordinance

HB1241 Engrossed - 12 - LRB097 06591 HEP 46676 b
or pursuant to Section 11-501.4 in prosecutions for reckless
homicide brought under the Criminal Code of 1961. These test
results, however, shall be admissible only in actions or
proceedings directly related to the incident upon which the
test request was made.
(d) If the person refuses testing or submits to a test that
discloses an alcohol concentration of 0.08 or more, or any
amount of a drug, substance, or intoxicating compound in the
person's breath, blood, or urine resulting from the unlawful
use or consumption of cannabis listed in the Cannabis Control
Act, a controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to
the circuit court of venue and the Secretary of State,
certifying that the test or tests was or were requested under
paragraph (a) and the person refused to submit to a test, or
tests, or submitted to testing that disclosed an alcohol
concentration of 0.08 or more.
(e) Upon receipt of the sworn report of a law enforcement
officer submitted under paragraph (d), the Secretary of State
shall enter the statutory summary suspension or revocation and
disqualification for the periods specified in Sections 6-208.1
and 6-514, respectively, and effective as provided in paragraph
(g).

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If the person is a first offender as defined in Section
11-500 of this Code, and is not convicted of a violation of
Section 11-501 of this Code or a similar provision of a local
ordinance, then reports received by the Secretary of State
under this Section shall, except during the actual time the
Statutory Summary Suspension is in effect, be privileged
information and for use only by the courts, police officers,
prosecuting authorities or the Secretary of State, unless the
person is a CDL holder, is operating a commercial motor vehicle
or vehicle required to be placarded for hazardous materials, in
which case the suspension shall not be privileged. Reports
received by the Secretary of State under this Section shall
also be made available to the parent or guardian of a person
under the age of 18 years that holds an instruction permit or a
graduated driver's license, regardless of whether the
statutory summary suspension is in effect. A statutory summary
revocation shall not be privileged information.
(f) The law enforcement officer submitting the sworn report
under paragraph (d) shall serve immediate notice of the
statutory summary suspension or revocation on the person and
the suspension or revocation and disqualification shall be
effective as provided in paragraph (g). In cases where the
blood alcohol concentration of 0.08 or greater or any amount of
a drug, substance, or compound resulting from the unlawful use
or consumption of cannabis as covered by the Cannabis Control
Act, a controlled substance listed in the Illinois Controlled

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Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act is
established by a subsequent analysis of blood or urine
collected at the time of arrest, the arresting officer or
arresting agency shall give notice as provided in this Section
or by deposit in the United States mail of the notice in an
envelope with postage prepaid and addressed to the person at
his address as shown on the Uniform Traffic Ticket and the
statutory summary suspension and disqualification shall begin
as provided in paragraph (g). The officer shall confiscate any
Illinois driver's license or permit on the person at the time
of arrest. If the person has a valid driver's license or
permit, the officer shall issue the person a receipt, in a form
prescribed by the Secretary of State, that will allow that
person to drive during the periods provided for in paragraph
(g). The officer shall immediately forward the driver's license
or permit to the circuit court of venue along with the sworn
report provided for in paragraph (d).
(g) The statutory summary suspension or revocation and
disqualification referred to in this Section shall take effect
on the 46th day following the date the notice of the statutory
summary suspension or revocation was given to the person.
(h) The following procedure shall apply whenever a person
is arrested for any offense as defined in Section 11-501 or a
similar provision of a local ordinance:

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Upon receipt of the sworn report from the law enforcement
officer, the Secretary of State shall confirm the statutory
summary suspension or revocation by mailing a notice of the
effective date of the suspension or revocation to the person
and the court of venue. The Secretary of State shall also mail
notice of the effective date of the disqualification to the
person. However, should the sworn report be defective by not
containing sufficient information or be completed in error, the
confirmation of the statutory summary suspension or revocation
shall not be mailed to the person or entered to the record;
instead, the sworn report shall be forwarded to the court of
venue with a copy returned to the issuing agency identifying
any defect.
(i) As used in this Section, "personal injury" includes any
Type A injury as indicated on the traffic accident report
completed by a law enforcement officer that requires immediate
professional attention in either a doctor's office or a medical
facility. A Type A injury includes severely bleeding wounds,
distorted extremities, and injuries that require the injured
party to be carried from the scene.
(Source: P.A. 95-201, eff. 1-1-08; 95-382, eff. 8-23-07;
95-876, eff. 8-21-08; 96-1080, eff. 7-16-10; 96-1344, eff.
7-1-11; revised 9-2-10.)
(625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
Sec. 11-501.2. Chemical and other tests.

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(a) Upon the trial of any civil or criminal action or
proceeding arising out of an arrest for an offense as defined
in Section 11-501 or a similar local ordinance or proceedings
pursuant to Section 2-118.1, evidence of the concentration of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof in a person's blood or
breath at the time alleged, as determined by analysis of the
person's blood, urine, breath or other bodily substance, shall
be admissible. Where such test is made the following provisions
shall apply:
1. Chemical analyses of the person's blood, urine,
breath or other bodily substance to be considered valid
under the provisions of this Section shall have been
performed according to standards promulgated by the
Department of State Police by a licensed physician,
registered nurse, trained phlebotomist, certified
paramedic, or other individual possessing a valid permit
issued by that Department for this purpose. The Director of
State Police is authorized to approve satisfactory
techniques or methods, to ascertain the qualifications and
competence of individuals to conduct such analyses, to
issue permits which shall be subject to termination or
revocation at the discretion of that Department and to
certify the accuracy of breath testing equipment. The
Department of State Police shall prescribe regulations as
necessary to implement this Section.

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2. When a person in this State shall submit to a blood
test at the request of a law enforcement officer under the
provisions of Section 11-501.1, only a physician
authorized to practice medicine, a registered nurse,
trained phlebotomist, or certified paramedic, or other
qualified person approved by the Department of State Police
may withdraw blood for the purpose of determining the
alcohol, drug, or alcohol and drug content therein. This
limitation shall not apply to the taking of breath or urine
specimens.
When a blood test of a person who has been taken to an
adjoining state for medical treatment is requested by an
Illinois law enforcement officer, the blood may be
withdrawn only by a physician authorized to practice
medicine in the adjoining state, a registered nurse, a
trained phlebotomist acting under the direction of the
physician, or certified paramedic. The law enforcement
officer requesting the test shall take custody of the blood
sample, and the blood sample shall be analyzed by a
laboratory certified by the Department of State Police for
that purpose.
3. The person tested may have a physician, or a
qualified technician, chemist, registered nurse, or other
qualified person of their own choosing administer a
chemical test or tests in addition to any administered at
the direction of a law enforcement officer. The failure or

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inability to obtain an additional test by a person shall
not preclude the admission of evidence relating to the test
or tests taken at the direction of a law enforcement
officer.
4. Upon the request of the person who shall submit to a
chemical test or tests at the request of a law enforcement
officer, full information concerning the test or tests
shall be made available to the person or such person's
attorney.
5. Alcohol concentration shall mean either grams of
alcohol per 100 milliliters of blood or grams of alcohol
per 210 liters of breath.
(b) Upon the trial of any civil or criminal action or
proceeding arising out of acts alleged to have been committed
by any person while driving or in actual physical control of a
vehicle while under the influence of alcohol, the concentration
of alcohol in the person's blood or breath at the time alleged
as shown by analysis of the person's blood, urine, breath, or
other bodily substance shall give rise to the following
presumptions:
1. If there was at that time an alcohol concentration
of 0.05 or less, it shall be presumed that the person was
not under the influence of alcohol.
2. If there was at that time an alcohol concentration
in excess of 0.05 but less than 0.08, such facts shall not
give rise to any presumption that the person was or was not

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under the influence of alcohol, but such fact may be
considered with other competent evidence in determining
whether the person was under the influence of alcohol.
3. If there was at that time an alcohol concentration
of 0.08 or more, it shall be presumed that the person was
under the influence of alcohol.
4. The foregoing provisions of this Section shall not
be construed as limiting the introduction of any other
relevant evidence bearing upon the question whether the
person was under the influence of alcohol.
(c) 1. If a person under arrest refuses to submit to a
chemical test under the provisions of Section 11-501.1,
evidence of refusal shall be admissible in any civil or
criminal action or proceeding arising out of acts alleged to
have been committed while the person under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof was driving or in actual
physical control of a motor vehicle.
2. Notwithstanding any ability to refuse under this Code to
submit to these tests or any ability to revoke the implied
consent to these tests, if a law enforcement officer has
probable cause to believe that a motor vehicle driven by or in
actual physical control of a person under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof has caused the death or
personal injury to another, the law enforcement officer shall

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request, and that person shall submit, upon the request of a
law enforcement officer, to a chemical test or tests of his or
her blood, breath or urine for the purpose of determining the
alcohol content thereof or the presence of any other drug or
combination of both.
This provision does not affect the applicability of or
imposition of driver's license sanctions under Section
11-501.1 of this Code.
3. For purposes of this Section, a personal injury includes
any Type A injury as indicated on the traffic accident report
completed by a law enforcement officer that requires immediate
professional attention in either a doctor's office or a medical
facility. A Type A injury includes severe bleeding wounds,
distorted extremities, and injuries that require the injured
party to be carried from the scene.
(Source: P.A. 96-289, eff. 8-11-09.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.