Bill Text: IL HB4772 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that any person who drives or is in actual control of a motor vehicle upon the public highways of this State and who has been involved in a fatal motor vehicle accident shall be deemed to have given consent, regardless of whether an arrest takes place, to tests of blood, breath, other bodily substance, or urine to detect alcohol, drugs, or intoxicating compounds. Provides that both a test of the concentration of alcohol in the person's breath and a test of blood, other bodily substance, or urine for the purpose of determining the content of alcohol, drugs, or intoxicating compounds of the person's blood shall be administered. Provides that the required tests be conducted within one hour of the arrival of law enforcement personnel at the scene of the accident or, if the driver has fled the scene of the accident, within one hour of apprehending the driver.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4772 Detail]

Download: Illinois-2017-HB4772-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4772 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-501.6 from Ch. 95 1/2, par. 11-501.6
Amends the Illinois Vehicle Code. Provides that any person who drives or is in actual control of a motor vehicle upon the public highways of this State and who has been involved in a fatal motor vehicle accident shall be deemed to have given consent, regardless of whether an arrest takes place, to tests of blood, breath, other bodily substance, or urine to detect alcohol, drugs, or intoxicating compounds. Provides that both a test of the concentration of alcohol in the person's breath and a test of blood, other bodily substance, or urine for the purpose of determining the content of alcohol, drugs, or intoxicating compounds of the person's blood shall be administered. Provides that the required tests be conducted within one hour of the arrival of law enforcement personnel at the scene of the accident or, if the driver has fled the scene of the accident, within one hour of apprehending the driver.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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
Section 11-501.6 as follows:
(625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
Sec. 11-501.6. Driver involvement in personal injury or
fatal motor vehicle accident; chemical test.
(a) Any person who drives or is in actual control of a
motor vehicle upon the public highways of this State and who
has been involved in a personal injury or fatal motor vehicle
accident, shall be deemed to have given consent to a breath
test using a portable device as approved by the Department of
State Police or to a chemical test or tests of blood, breath,
other bodily substance, or urine for the purpose of determining
the content of alcohol, other drug or drugs, or intoxicating
compound or compounds of such person's blood if arrested as
evidenced by the issuance of a Uniform Traffic Ticket for any
violation of the Illinois Vehicle Code or a similar provision
of a local ordinance, with the exception of equipment
violations contained in Chapter 12 of this Code, or similar
provisions of local ordinances. The test or tests shall be
administered at the direction of the arresting officer within

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one hour of the arrival of law enforcement personnel at the
scene of the accident or, if the driver has fled the scene of
the accident, within one hour of apprehending the driver. The
law enforcement agency employing the officer shall designate
which of the aforesaid tests shall be administered. Up to 2
additional tests of urine or other bodily substance may be
administered even after a blood or breath test or both has been
administered. Compliance with this Section does not relieve
such person from the requirements of Section 11-501.1 of this
Code.
(a-5) Any person who drives or is in actual control of a
motor vehicle upon the public highways of this State and who
has been involved in a fatal motor vehicle accident shall be
deemed to have given consent to a breath test using a portable
device as approved by the Department of State Police and to a
chemical test or tests of blood, breath, other bodily
substance, or urine for the purpose of determining the content
of alcohol, other drug or drugs, or intoxicating compound or
compounds of such person's blood. This Section shall not apply
to those persons arrested for a violation under Section 11-501
of this Code or a similar violation of a local ordinance, in
which case the provisions of Section 11-501.1 shall apply. The
tests shall be administered at the direction of the officer
responding to the vehicle accident. Both a test of the
concentration of alcohol in the person's breath and a test of
blood, other bodily substance, or urine for the purpose of

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determining the content of alcohol, other drug or drugs, or
intoxicating compound or compounds of the person's blood shall
be administered. The test shall be administered within one hour
of the arrival of law enforcement personnel at the scene of the
accident or, if the driver has fled the scene of the accident,
within one hour of apprehending the driver. Up to 2 additional
tests of urine or other bodily substance test may be
administered even after a blood or breath test or both have
been administered. Compliance with this Section does not
relieve such person from the requirements of Section 11-501.1
of this Code.
(b) Any person who is dead, unconscious or who is otherwise
in a condition rendering such person incapable of refusal shall
be deemed not to have withdrawn the consent provided by
subsection (a) of this Section. In addition, if a driver of a
vehicle is receiving medical treatment as a result of a motor
vehicle accident, any physician licensed to practice medicine,
licensed physician assistant, licensed advanced practice
registered nurse, registered nurse or a phlebotomist acting
under the direction of a licensed physician shall withdraw
blood for testing purposes to ascertain the presence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, upon the specific request of a law enforcement
officer. However, no such testing shall be performed until, in
the opinion of the medical personnel on scene, the withdrawal
can be made without interfering with or endangering the

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well-being of the patient.
(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, or submission to
the test resulting in an alcohol concentration of 0.08 or more,
or testing discloses the presence of cannabis as listed in the
Cannabis Control Act with a tetrahydrocannabinol concentration
as defined in paragraph 6 of subsection (a) of Section 11-501.2
of this Code, or any amount of a drug, substance, or
intoxicating compound resulting from the unlawful use or
consumption of 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 as detected in such person's blood, other bodily substance,
or urine, may result in the suspension of such person's
privilege to operate a motor vehicle. If the person is also a
CDL holder, he or she shall be warned by the law enforcement
officer requesting the test that a refusal to submit to the
test, or submission to the test resulting in an alcohol
concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating 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

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methamphetamine as listed in the Methamphetamine Control and
Community Protection Act as detected in the person's blood,
other bodily substance, or urine, may result in the
disqualification of the person's privilege to operate a
commercial motor vehicle, as provided in Section 6-514 of this
Code. The length of the suspension shall be the same as
outlined in Section 6-208.1 of this Code regarding statutory
summary suspensions.
A person requested to submit to a test shall also
acknowledge, in writing, receipt of the warning required under
this Section. If the person refuses to acknowledge receipt of
the warning, the law enforcement officer shall make a written
notation on the warning that the person refused to sign the
warning. A person's refusal to sign the warning shall not be
evidence that the person was not read the warning.
(d) If the person refuses testing or submits to a test
which discloses an alcohol concentration of 0.08 or more, the
presence of cannabis as listed in the Cannabis Control Act with
a tetrahydrocannabinol concentration as defined in paragraph 6
of subsection (a) of Section 11-501.2 of this Code, or any
amount of a drug, substance, or intoxicating compound in such
person's blood or urine resulting from the unlawful use or
consumption of 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

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Act, the law enforcement officer shall immediately submit a
sworn report to the Secretary of State on a form prescribed by
the Secretary, certifying that the test or tests were requested
under subsection (a) and the person refused to submit to a test
or tests or submitted to testing which disclosed an alcohol
concentration of 0.08 or more, the presence of cannabis as
listed in the Cannabis Control Act with a tetrahydrocannabinol
concentration as defined in paragraph 6 of subsection (a) of
Section 11-501.2 of this Code, or any amount of a drug,
substance, or intoxicating compound in such person's blood,
other bodily substance, or urine, resulting from the unlawful
use or consumption of 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. If the person is also a CDL holder
and refuses testing or submits to a test which discloses an
alcohol concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in the person's blood,
other bodily substance, 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

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the Secretary of State on a form prescribed by the Secretary,
certifying that the test or tests were requested under
subsection (a) and the person refused to submit to a test or
tests or submitted to testing which disclosed an alcohol
concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in such person's blood,
other bodily substance, 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.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary shall enter the suspension and
disqualification to the individual's driving record and the
suspension and disqualification shall be effective on the 46th
day following the date notice of the suspension was given to
the person.
The law enforcement officer submitting the sworn report
shall serve immediate notice of this suspension on the person
and such suspension and disqualification shall be effective on
the 46th day following the date notice was given.
In cases involving a person who is not a CDL holder where
the blood alcohol concentration of 0.08 or more, or blood
testing discloses the presence of cannabis as listed in the
Cannabis Control Act with a tetrahydrocannabinol concentration

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as defined in paragraph 6 of subsection (a) of Section 11-501.2
of this Code, or any amount of a drug, substance, or
intoxicating compound resulting from the unlawful use or
consumption of 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, other
bodily substance, or urine collected at the time of arrest, the
arresting officer shall give notice as provided in this Section
or by deposit in the United States mail of such notice in an
envelope with postage prepaid and addressed to such person at
his or her address as shown on the Uniform Traffic Ticket and
the suspension shall be effective on the 46th day following the
date notice was given.
In cases involving a person who is a CDL holder where the
blood alcohol concentration of 0.08 or more, or any amount of a
drug, substance, or intoxicating compound resulting from the
unlawful use or consumption of cannabis as 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, is established by a subsequent
analysis of blood, other bodily substance, or urine collected
at the time of arrest, the arresting officer shall give notice

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as provided in this Section or by deposit in the United States
mail of such notice in an envelope with postage prepaid and
addressed to the person at his or her address as shown on the
Uniform Traffic Ticket and the suspension and disqualification
shall be effective on the 46th day following the date notice
was given.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary shall also give notice of the suspension
and disqualification to the driver by mailing a notice of the
effective date of the suspension and disqualification to the
individual. However, should the sworn report be defective by
not containing sufficient information or be completed in error,
the notice of the suspension and disqualification shall not be
mailed to the person or entered to the driving record, but
rather the sworn report shall be returned to the issuing law
enforcement agency.
(e) A driver may contest this suspension of his or her
driving privileges and disqualification of his or her CDL
privileges by requesting an administrative hearing with the
Secretary in accordance with Section 2-118 of this Code. At the
conclusion of a hearing held under Section 2-118 of this Code,
the Secretary may rescind, continue, or modify the orders of
suspension and disqualification. If the Secretary does not
rescind the orders of suspension and disqualification, a
restricted driving permit may be granted by the Secretary upon
application being made and good cause shown. A restricted

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driving permit may be granted to relieve undue hardship to
allow driving for employment, educational, and medical
purposes as outlined in Section 6-206 of this Code. The
provisions of Section 6-206 of this Code shall apply. In
accordance with 49 C.F.R. 384, the Secretary of State may not
issue a restricted driving permit for the operation of a
commercial motor vehicle to a person holding a CDL whose
driving privileges have been suspended, revoked, cancelled, or
disqualified.
(f) (Blank).
(g) For the purposes of this Section, a personal injury
shall include 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 shall include
severely bleeding wounds, distorted extremities, and injuries
that require the injured party to be carried from the scene.
(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16;
100-513, eff. 1-1-18.)