Illinois-2017-HB4772-Introduced

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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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 Section 11-501.6 as follows:

6 (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)

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

8 fatal motor vehicle accident; chemical test.

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

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

11 has been involved in a personal injury~~or fatal motor~~ vehicle

12 accident~~,~~shall be deemed to have given consent to a breath

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

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

15 other bodily substance, or urine for the purpose of determining

16 the content of alcohol, other drug or drugs, or intoxicating

17 compound or compounds of such person's blood if arrested as

18 evidenced by the issuance of a Uniform Traffic Ticket for any

19 violation of the Illinois Vehicle Code or a similar provision

20 of a local ordinance, with the exception of equipment

21 violations contained in Chapter 12 of this Code, or similar

22 provisions of local ordinances. The test or tests shall be

23 administered at the direction of the arresting officer within

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1 one hour of the arrival of law enforcement personnel at the

2 scene of the accident or, if the driver has fled the scene of

3 the accident, within one hour of apprehending the driver. The

4 law enforcement agency employing the officer shall designate

5 which of the aforesaid tests shall be administered. Up to 2

6 additional tests of urine or other bodily substance may be

7 administered even after a blood or breath test or both has been

8 administered. Compliance with this Section does not relieve

9 such person from the requirements of Section 11-501.1 of this

10 Code.

11 (a-5) Any person who drives or is in actual control of a

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

13 has been involved in a fatal motor vehicle accident shall be

14 deemed to have given consent to a breath test using a portable

15 device as approved by the Department of State Police and to a

16 chemical test or tests of blood, breath, other bodily

17 substance, or urine for the purpose of determining the content

18 of alcohol, other drug or drugs, or intoxicating compound or

19 compounds of such person's blood. This Section shall not apply

20 to those persons arrested for a violation under Section 11-501

21 of this Code or a similar violation of a local ordinance, in

22 which case the provisions of Section 11-501.1 shall apply. The

23 tests shall be administered at the direction of the officer

24 responding to the vehicle accident. Both a test of the

25 concentration of alcohol in the person's breath and a test of

26 blood, other bodily substance, or urine for the purpose of

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1 determining the content of alcohol, other drug or drugs, or

2 intoxicating compound or compounds of the person's blood shall

3 be administered. The test shall be administered within one hour

4 of the arrival of law enforcement personnel at the scene of the

5 accident or, if the driver has fled the scene of the accident,

6 within one hour of apprehending the driver. Up to 2 additional

7 tests of urine or other bodily substance test may be

8 administered even after a blood or breath test or both have

9 been administered. Compliance with this Section does not

10 relieve such person from the requirements of Section 11-501.1

11 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 registered nurse, registered nurse or a phlebotomist acting

20 under the direction of a licensed physician shall withdraw

21 blood for testing purposes to ascertain the presence of

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

23 compounds, upon the specific request of a law enforcement

24 officer. However, no such testing shall be performed until, in

25 the opinion of the medical personnel on scene, the withdrawal

26 can be made without interfering with or endangering the

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1 well-being of the patient.

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

3 above shall be warned by the law enforcement officer requesting

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

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

6 or testing discloses the presence of cannabis as listed in the

7 Cannabis Control Act with a tetrahydrocannabinol concentration

8 as defined in paragraph 6 of subsection (a) of Section 11-501.2

9 of this Code, or any amount of a drug, substance, or

10 intoxicating compound resulting from the unlawful use or

11 consumption of a controlled substance listed in the Illinois

12 Controlled Substances Act, an intoxicating compound listed in

13 the Use of Intoxicating Compounds Act, or methamphetamine as

14 listed in the Methamphetamine Control and Community Protection

15 Act as detected in such person's blood, other bodily substance,

16 or urine, may result in the suspension of such person's

17 privilege to operate a motor vehicle. If the person is also a

18 CDL holder, he or she shall be warned by the law enforcement

19 officer requesting the test that a refusal to submit to the

20 test, or submission to the test resulting in an alcohol

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

22 substance, or intoxicating compound resulting from the

23 unlawful use or consumption of cannabis, as covered by the

24 Cannabis Control Act, a controlled substance listed in the

25 Illinois Controlled Substances Act, an intoxicating compound

26 listed in the Use of Intoxicating Compounds Act, or

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1 methamphetamine as listed in the Methamphetamine Control and

2 Community Protection Act as detected in the person's blood,

3 other bodily substance, or urine, may result in the

4 disqualification of the person's privilege to operate a

5 commercial motor vehicle, as provided in Section 6-514 of this

6 Code. The length of the suspension shall be the same as

7 outlined in Section 6-208.1 of this Code regarding statutory

8 summary suspensions.

9 A person requested to submit to a test shall also

10 acknowledge, in writing, receipt of the warning required under

11 this Section. If the person refuses to acknowledge receipt of

12 the warning, the law enforcement officer shall make a written

13 notation on the warning that the person refused to sign the

14 warning. A person's refusal to sign the warning shall not be

15 evidence that the person was not read the warning.

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

17 which discloses an alcohol concentration of 0.08 or more, the

18 presence of cannabis as listed in the Cannabis Control Act with

19 a tetrahydrocannabinol concentration as defined in paragraph 6

20 of subsection (a) of Section 11-501.2 of this Code, or any

21 amount of a drug, substance, or intoxicating compound in such

22 person's blood or urine resulting from the unlawful use or

23 consumption of a controlled substance listed in the Illinois

24 Controlled Substances Act, an intoxicating compound listed in

25 the Use of Intoxicating Compounds Act, or methamphetamine as

26 listed in the Methamphetamine Control and Community Protection

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1 Act, the law enforcement officer shall immediately submit a

2 sworn report to the Secretary of State on a form prescribed by

3 the Secretary, certifying that the test or tests were requested

4 under subsection (a) and the person refused to submit to a test

5 or tests or submitted to testing which disclosed an alcohol

6 concentration of 0.08 or more, the presence of cannabis as

7 listed in the Cannabis Control Act with a tetrahydrocannabinol

8 concentration as defined in paragraph 6 of subsection (a) of

9 Section 11-501.2 of this Code, or any amount of a drug,

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

11 other bodily substance, or urine, resulting from the unlawful

12 use or consumption of a controlled substance listed in the

13 Illinois Controlled Substances Act, an intoxicating compound

14 listed in the Use of Intoxicating Compounds Act, or

15 methamphetamine as listed in the Methamphetamine Control and

16 Community Protection Act. If the person is also a CDL holder

17 and refuses testing or submits to a test which discloses an

18 alcohol concentration of 0.08 or more, or any amount of a drug,

19 substance, or intoxicating compound in the person's blood,

20 other bodily substance, or urine resulting from the unlawful

21 use or consumption of cannabis listed in the Cannabis Control

22 Act, a controlled substance listed in the Illinois Controlled

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

24 Intoxicating Compounds Act, or methamphetamine as listed in the

25 Methamphetamine Control and Community Protection Act, the law

26 enforcement officer shall immediately submit a sworn report to

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

2 certifying that the test or tests were requested under

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

4 tests or submitted to testing which disclosed an alcohol

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

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

7 other bodily substance, or urine, resulting from the unlawful

8 use or consumption of cannabis listed in the Cannabis Control

9 Act, a controlled substance listed in the Illinois Controlled

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

11 Intoxicating Compounds Act, or methamphetamine as listed in the

12 Methamphetamine Control and Community Protection Act.

13 Upon receipt of the sworn report of a law enforcement

14 officer, the Secretary shall enter the suspension and

15 disqualification to the individual's driving record and the

16 suspension and disqualification shall be effective on the 46th

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

18 the person.

19 The law enforcement officer submitting the sworn report

20 shall serve immediate notice of this suspension on the person

21 and such suspension and disqualification shall be effective on

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

23 In cases involving a person who is not a CDL holder where

24 the blood alcohol concentration of 0.08 or more, or blood

25 testing discloses the presence of cannabis as listed in the

26 Cannabis Control Act with a tetrahydrocannabinol concentration

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1 as defined in paragraph 6 of subsection (a) of Section 11-501.2

2 of this Code, or any amount of a drug, substance, or

3 intoxicating compound resulting from the unlawful use or

4 consumption of a controlled substance listed in the Illinois

5 Controlled Substances Act, an intoxicating compound listed in

6 the Use of Intoxicating Compounds Act, or methamphetamine as

7 listed in the Methamphetamine Control and Community Protection

8 Act, is established by a subsequent analysis of blood, other

9 bodily substance, or urine collected at the time of arrest, the

10 arresting officer shall give notice as provided in this Section

11 or by deposit in the United States mail of such notice in an

12 envelope with postage prepaid and addressed to such person at

13 his or her address as shown on the Uniform Traffic Ticket and

14 the suspension shall be effective on the 46th day following the

15 date notice was given.

16 In cases involving a person who is a CDL holder where the

17 blood alcohol concentration of 0.08 or more, or any amount of a

18 drug, substance, or intoxicating compound resulting from the

19 unlawful use or consumption of cannabis as listed in the

20 Cannabis Control Act, a controlled substance listed in the

21 Illinois Controlled Substances Act, an intoxicating compound

22 listed in the Use of Intoxicating Compounds Act, or

23 methamphetamine as listed in the Methamphetamine Control and

24 Community Protection Act, is established by a subsequent

25 analysis of blood, other bodily substance, or urine collected

26 at the time of arrest, the arresting officer shall give notice

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

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

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

4 Uniform Traffic Ticket and the suspension and disqualification

5 shall be effective on the 46th day following the date notice

6 was given.

7 Upon receipt of the sworn report of a law enforcement

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

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

10 effective date of the suspension and disqualification to the

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

12 not containing sufficient information or be completed in error,

13 the notice of the suspension and disqualification shall not be

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

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

16 enforcement agency.

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

18 driving privileges and disqualification of his or her CDL

19 privileges by requesting an administrative hearing with the

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

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

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

23 suspension and disqualification. If the Secretary does not

24 rescind the orders of suspension and disqualification, a

25 restricted driving permit may be granted by the Secretary upon

26 application being made and good cause shown. A restricted

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1 driving permit may be granted to relieve undue hardship to

2 allow driving for employment, educational, and medical

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

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

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

6 issue a restricted driving permit for the operation of a

7 commercial motor vehicle to a person holding a CDL whose

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

9 disqualified.

10 (f) (Blank).

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

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

13 accident report completed by a law enforcement officer that

14 requires immediate professional attention in either a doctor's

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

16 severely bleeding wounds, distorted extremities, and injuries

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

18 (Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16;

19 100-513, eff. 1-1-18.)