Bill Text: IL HB4774 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that the Illinois Department of Public Health may not promulgate rules prohibiting an Emergency Medical Technician - Paramedic (EMT-P) licensed by the Illinois Department of Public Health from drawing blood to be used as evidence for a violation of the Illinois Vehicle Code.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-15 - Rule 19(a) / Re-referred to Rules Committee [HB4774 Detail]

Download: Illinois-2009-HB4774-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB4774 Introduced 1/12/2010, by Rep. Lou Lang SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-501.2 from Ch. 95 1/2, par. 11-501.2
Amends the Illinois Vehicle Code. Provides that the Illinois Department of Public Health may not promulgate rules prohibiting an Emergency Medical Technician - Paramedic (EMT-P) licensed by the Illinois Department of Public Health from drawing blood to be used as evidence for a violation of the Illinois Vehicle Code.
LRB096 16700 AJT 31987 b
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 11-501.2 as follows:
(625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
Sec. 11-501.2. Chemical and other tests.
(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, licensed certified

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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.
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 licensed 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

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physician, or licensed 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
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

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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
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

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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, 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.
(d) The Illinois Department of Public Health may not
promulgate rules prohibiting an Emergency Medical Technician -

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Paramedic (EMT-P) licensed by the Illinois Department of Public
Health from drawing blood to be used as evidence for a
violation of this Code or similar local ordinance.
(Source: P.A. 96-289, eff. 8-11-09.)