Bill Text: IL SB3409 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Provides that a person shall not drive or be in actual physical control of any vehicle within this State while the person has, within 2 hours of driving or being in actual physical control of a vehicle, a free tetrahydrocannabinol concentration in the person's whole blood or other bodily substances of 5 nanograms or more per milliliter in whole blood or 10 nanograms or more per milliliter in any other bodily substance (currently, this provision does not specify whether the concentration is a free concentration). Makes technical changes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB3409 Detail]
Download: Illinois-2023-SB3409-Introduced.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by | |||||||||||||||||||||
5 | changing Sections 11-501 and 11-501.2 as follows:
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6 | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | |||||||||||||||||||||
7 | Sec. 11-501. Driving while under the influence of alcohol, | |||||||||||||||||||||
8 | other drug or drugs, intoxicating compound or compounds or any | |||||||||||||||||||||
9 | combination thereof. | |||||||||||||||||||||
10 | (a) A person shall not drive or be in actual physical | |||||||||||||||||||||
11 | control of any vehicle within this State while: | |||||||||||||||||||||
12 | (1) the alcohol concentration in the person's blood, | |||||||||||||||||||||
13 | other bodily substance, or breath is 0.08 or more based on | |||||||||||||||||||||
14 | the definition of blood and breath units in Section | |||||||||||||||||||||
15 | 11-501.2; | |||||||||||||||||||||
16 | (2) under the influence of alcohol; | |||||||||||||||||||||
17 | (3) under the influence of any intoxicating compound | |||||||||||||||||||||
18 | or combination of intoxicating compounds to a degree that | |||||||||||||||||||||
19 | renders the person incapable of driving safely; | |||||||||||||||||||||
20 | (4) under the influence of any other drug or | |||||||||||||||||||||
21 | combination of drugs to a degree that renders the person | |||||||||||||||||||||
22 | incapable of safely driving; | |||||||||||||||||||||
23 | (5) under the combined influence of alcohol, other |
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1 | drug or drugs, or intoxicating compound or compounds to a | ||||||
2 | degree that renders the person incapable of safely | ||||||
3 | driving; | ||||||
4 | (6) there is any amount of a drug, substance, or | ||||||
5 | compound in the person's breath, blood, other bodily | ||||||
6 | substance, or urine resulting from the unlawful use or | ||||||
7 | consumption of a controlled substance listed in the | ||||||
8 | Illinois Controlled Substances Act, an intoxicating | ||||||
9 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
10 | or methamphetamine as listed in the Methamphetamine | ||||||
11 | Control and Community Protection Act; or | ||||||
12 | (7) the person has, within 2 hours of driving or being | ||||||
13 | in actual physical control of a vehicle, a free | ||||||
14 | tetrahydrocannabinol concentration of 5 nanograms or more | ||||||
15 | per milliliter in whole blood or 10 nanograms or more per | ||||||
16 | milliliter in any other bodily substance in the person's | ||||||
17 | whole blood or other bodily substance as defined in | ||||||
18 | paragraph 6 of subsection (a) of Section 11-501.2 of this | ||||||
19 | Code . Subject to all other requirements and provisions | ||||||
20 | under this Section, this paragraph (7) does not apply to | ||||||
21 | the lawful consumption of cannabis by a qualifying patient | ||||||
22 | licensed under the Compassionate Use of Medical Cannabis | ||||||
23 | Program Act who is in possession of a valid registry card | ||||||
24 | issued under that Act, unless that person is impaired by | ||||||
25 | the use of cannabis. | ||||||
26 | As used in this subsection (a), "free tetrahydrocannabinol |
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1 | concentration" means the amount of unchanged, parent | ||||||
2 | delta-9-tetrahydrocannabinol detected in a blood or bodily | ||||||
3 | fluid sample. | ||||||
4 | (b) The fact that any person charged with violating this | ||||||
5 | Section is or has been legally entitled to use alcohol, | ||||||
6 | cannabis under the Compassionate Use of Medical Cannabis | ||||||
7 | Program Act, other drug or drugs, or intoxicating compound or | ||||||
8 | compounds, or any combination thereof, shall not constitute a | ||||||
9 | defense against any charge of violating this Section. | ||||||
10 | (c) Penalties. | ||||||
11 | (1) Except as otherwise provided in this Section, any | ||||||
12 | person convicted of violating subsection (a) of this | ||||||
13 | Section is guilty of a Class A misdemeanor. | ||||||
14 | (2) A person who violates subsection (a) or a similar | ||||||
15 | provision a second time shall be sentenced to a mandatory | ||||||
16 | minimum term of either 5 days of imprisonment or 240 hours | ||||||
17 | of community service in addition to any other criminal or | ||||||
18 | administrative sanction. | ||||||
19 | (3) A person who violates subsection (a) is subject to | ||||||
20 | 6 months of imprisonment, an additional mandatory minimum | ||||||
21 | fine of $1,000, and 25 days of community service in a | ||||||
22 | program benefiting children if the person was transporting | ||||||
23 | a person under the age of 16 at the time of the violation. | ||||||
24 | (4) A person who violates subsection (a) a first time, | ||||||
25 | if the alcohol concentration in his or her blood, breath, | ||||||
26 | other bodily substance, or urine was 0.16 or more based on |
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1 | the definition of blood, breath, other bodily substance, | ||||||
2 | or urine units in Section 11-501.2, shall be subject, in | ||||||
3 | addition to any other penalty that may be imposed, to a | ||||||
4 | mandatory minimum of 100 hours of community service and a | ||||||
5 | mandatory minimum fine of $500. | ||||||
6 | (5) A person who violates subsection (a) a second | ||||||
7 | time, if at the time of the second violation the alcohol | ||||||
8 | concentration in his or her blood, breath, other bodily | ||||||
9 | substance, or urine was 0.16 or more based on the | ||||||
10 | definition of blood, breath, other bodily substance, or | ||||||
11 | urine units in Section 11-501.2, shall be subject, in | ||||||
12 | addition to any other penalty that may be imposed, to a | ||||||
13 | mandatory minimum of 2 days of imprisonment and a | ||||||
14 | mandatory minimum fine of $1,250. | ||||||
15 | (d) Aggravated driving under the influence of alcohol, | ||||||
16 | other drug or drugs, or intoxicating compound or compounds, or | ||||||
17 | any combination thereof. | ||||||
18 | (1) Every person convicted of committing a violation | ||||||
19 | of this Section shall be guilty of aggravated driving | ||||||
20 | under the influence of alcohol, other drug or drugs, or | ||||||
21 | intoxicating compound or compounds, or any combination | ||||||
22 | thereof if: | ||||||
23 | (A) the person committed a violation of subsection | ||||||
24 | (a) or a similar provision for the third or subsequent | ||||||
25 | time; | ||||||
26 | (B) the person committed a violation of subsection |
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1 | (a) while driving a school bus with one or more | ||||||
2 | passengers on board; | ||||||
3 | (C) the person in committing a violation of | ||||||
4 | subsection (a) was involved in a motor vehicle crash | ||||||
5 | that resulted in great bodily harm or permanent | ||||||
6 | disability or disfigurement to another, when the | ||||||
7 | violation was a proximate cause of the injuries; | ||||||
8 | (D) the person committed a violation of subsection | ||||||
9 | (a) and has been previously convicted of violating | ||||||
10 | Section 9-3 of the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012 or a similar provision of a law | ||||||
12 | of another state relating to reckless homicide in | ||||||
13 | which the person was determined to have been under the | ||||||
14 | influence of alcohol, other drug or drugs, or | ||||||
15 | intoxicating compound or compounds as an element of | ||||||
16 | the offense or the person has previously been | ||||||
17 | convicted under subparagraph (C) or subparagraph (F) | ||||||
18 | of this paragraph (1); | ||||||
19 | (E) the person, in committing a violation of | ||||||
20 | subsection (a) while driving at any speed in a school | ||||||
21 | speed zone at a time when a speed limit of 20 miles per | ||||||
22 | hour was in effect under subsection (a) of Section | ||||||
23 | 11-605 of this Code, was involved in a motor vehicle | ||||||
24 | crash that resulted in bodily harm, other than great | ||||||
25 | bodily harm or permanent disability or disfigurement, | ||||||
26 | to another person, when the violation of subsection |
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1 | (a) was a proximate cause of the bodily harm; | ||||||
2 | (F) the person, in committing a violation of | ||||||
3 | subsection (a), was involved in a motor vehicle crash | ||||||
4 | or snowmobile, all-terrain vehicle, or watercraft | ||||||
5 | accident that resulted in the death of another person, | ||||||
6 | when the violation of subsection (a) was a proximate | ||||||
7 | cause of the death; | ||||||
8 | (G) the person committed a violation of subsection | ||||||
9 | (a) during a period in which the defendant's driving | ||||||
10 | privileges are revoked or suspended, where the | ||||||
11 | revocation or suspension was for a violation of | ||||||
12 | subsection (a) or a similar provision, Section | ||||||
13 | 11-501.1, paragraph (b) of Section 11-401, or for | ||||||
14 | reckless homicide as defined in Section 9-3 of the | ||||||
15 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
16 | (H) the person committed the violation while he or | ||||||
17 | she did not possess a driver's license or permit or a | ||||||
18 | restricted driving permit or a judicial driving permit | ||||||
19 | or a monitoring device driving permit; | ||||||
20 | (I) the person committed the violation while he or | ||||||
21 | she knew or should have known that the vehicle he or | ||||||
22 | she was driving was not covered by a liability | ||||||
23 | insurance policy; | ||||||
24 | (J) the person in committing a violation of | ||||||
25 | subsection (a) was involved in a motor vehicle crash | ||||||
26 | that resulted in bodily harm, but not great bodily |
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1 | harm, to the child under the age of 16 being | ||||||
2 | transported by the person, if the violation was the | ||||||
3 | proximate cause of the injury; | ||||||
4 | (K) the person in committing a second violation of | ||||||
5 | subsection (a) or a similar provision was transporting | ||||||
6 | a person under the age of 16; or | ||||||
7 | (L) the person committed a violation of subsection | ||||||
8 | (a) of this Section while transporting one or more | ||||||
9 | passengers in a vehicle for-hire. | ||||||
10 | (2)(A) Except as provided otherwise, a person | ||||||
11 | convicted of aggravated driving under the influence of | ||||||
12 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
13 | compounds, or any combination thereof is guilty of a Class | ||||||
14 | 4 felony. | ||||||
15 | (B) A third violation of this Section or a similar | ||||||
16 | provision is a Class 2 felony. If at the time of the third | ||||||
17 | violation the alcohol concentration in his or her blood, | ||||||
18 | breath, other bodily substance, or urine was 0.16 or more | ||||||
19 | based on the definition of blood, breath, other bodily | ||||||
20 | substance, or urine units in Section 11-501.2, a mandatory | ||||||
21 | minimum of 90 days of imprisonment and a mandatory minimum | ||||||
22 | fine of $2,500 shall be imposed in addition to any other | ||||||
23 | criminal or administrative sanction. If at the time of the | ||||||
24 | third violation, the defendant was transporting a person | ||||||
25 | under the age of 16, a mandatory fine of $25,000 and 25 | ||||||
26 | days of community service in a program benefiting children |
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1 | shall be imposed in addition to any other criminal or | ||||||
2 | administrative sanction. | ||||||
3 | (C) A fourth violation of this Section or a similar | ||||||
4 | provision is a Class 2 felony, for which a sentence of | ||||||
5 | probation or conditional discharge may not be imposed. If | ||||||
6 | at the time of the violation, the alcohol concentration in | ||||||
7 | the defendant's blood, breath, other bodily substance, or | ||||||
8 | urine was 0.16 or more based on the definition of blood, | ||||||
9 | breath, other bodily substance, or urine units in Section | ||||||
10 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
11 | imposed in addition to any other criminal or | ||||||
12 | administrative sanction. If at the time of the fourth | ||||||
13 | violation, the defendant was transporting a person under | ||||||
14 | the age of 16 a mandatory fine of $25,000 and 25 days of | ||||||
15 | community service in a program benefiting children shall | ||||||
16 | be imposed in addition to any other criminal or | ||||||
17 | administrative sanction. | ||||||
18 | (D) A fifth violation of this Section or a similar | ||||||
19 | provision is a Class 1 felony, for which a sentence of | ||||||
20 | probation or conditional discharge may not be imposed. If | ||||||
21 | at the time of the violation, the alcohol concentration in | ||||||
22 | the defendant's blood, breath, other bodily substance, or | ||||||
23 | urine was 0.16 or more based on the definition of blood, | ||||||
24 | breath, other bodily substance, or urine units in Section | ||||||
25 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
26 | imposed in addition to any other criminal or |
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1 | administrative sanction. If at the time of the fifth | ||||||
2 | violation, the defendant was transporting a person under | ||||||
3 | the age of 16, a mandatory fine of $25,000, and 25 days of | ||||||
4 | community service in a program benefiting children shall | ||||||
5 | be imposed in addition to any other criminal or | ||||||
6 | administrative sanction. | ||||||
7 | (E) A sixth or subsequent violation of this Section or | ||||||
8 | similar provision is a Class X felony. If at the time of | ||||||
9 | the violation, the alcohol concentration in the | ||||||
10 | defendant's blood, breath, other bodily substance, or | ||||||
11 | urine was 0.16 or more based on the definition of blood, | ||||||
12 | breath, other bodily substance, or urine units in Section | ||||||
13 | 11-501.2, a mandatory minimum fine of $5,000 shall be | ||||||
14 | imposed in addition to any other criminal or | ||||||
15 | administrative sanction. If at the time of the violation, | ||||||
16 | the defendant was transporting a person under the age of | ||||||
17 | 16, a mandatory fine of $25,000 and 25 days of community | ||||||
18 | service in a program benefiting children shall be imposed | ||||||
19 | in addition to any other criminal or administrative | ||||||
20 | sanction. | ||||||
21 | (F) For a violation of subparagraph (C) of paragraph | ||||||
22 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
23 | a term of imprisonment, shall be sentenced to not less | ||||||
24 | than one year nor more than 12 years. | ||||||
25 | (G) A violation of subparagraph (F) of paragraph (1) | ||||||
26 | of this subsection (d) is a Class 2 felony, for which the |
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1 | defendant, unless the court determines that extraordinary | ||||||
2 | circumstances exist and require probation, shall be | ||||||
3 | sentenced to: (i) a term of imprisonment of not less than 3 | ||||||
4 | years and not more than 14 years if the violation resulted | ||||||
5 | in the death of one person; or (ii) a term of imprisonment | ||||||
6 | of not less than 6 years and not more than 28 years if the | ||||||
7 | violation resulted in the deaths of 2 or more persons. | ||||||
8 | (H) For a violation of subparagraph (J) of paragraph | ||||||
9 | (1) of this subsection (d), a mandatory fine of $2,500, | ||||||
10 | and 25 days of community service in a program benefiting | ||||||
11 | children shall be imposed in addition to any other | ||||||
12 | criminal or administrative sanction. | ||||||
13 | (I) A violation of subparagraph (K) of paragraph (1) | ||||||
14 | of this subsection (d), is a Class 2 felony and a mandatory | ||||||
15 | fine of $2,500, and 25 days of community service in a | ||||||
16 | program benefiting children shall be imposed in addition | ||||||
17 | to any other criminal or administrative sanction. If the | ||||||
18 | child being transported suffered bodily harm, but not | ||||||
19 | great bodily harm, in a motor vehicle crash, and the | ||||||
20 | violation was the proximate cause of that injury, a | ||||||
21 | mandatory fine of $5,000 and 25 days of community service | ||||||
22 | in a program benefiting children shall be imposed in | ||||||
23 | addition to any other criminal or administrative sanction. | ||||||
24 | (J) A violation of subparagraph (D) of paragraph (1) | ||||||
25 | of this subsection (d) is a Class 3 felony, for which a | ||||||
26 | sentence of probation or conditional discharge may not be |
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1 | imposed. | ||||||
2 | (3) Any person sentenced under this subsection (d) who | ||||||
3 | receives a term of probation or conditional discharge must | ||||||
4 | serve a minimum term of either 480 hours of community | ||||||
5 | service or 10 days of imprisonment as a condition of the | ||||||
6 | probation or conditional discharge in addition to any | ||||||
7 | other criminal or administrative sanction. | ||||||
8 | (e) Any reference to a prior violation of subsection (a) | ||||||
9 | or a similar provision includes any violation of a provision | ||||||
10 | of a local ordinance or a provision of a law of another state | ||||||
11 | or an offense committed on a military installation that is | ||||||
12 | similar to a violation of subsection (a) of this Section. | ||||||
13 | (f) The imposition of a mandatory term of imprisonment or | ||||||
14 | assignment of community service for a violation of this | ||||||
15 | Section shall not be suspended or reduced by the court. | ||||||
16 | (g) Any penalty imposed for driving with a license that | ||||||
17 | has been revoked for a previous violation of subsection (a) of | ||||||
18 | this Section shall be in addition to the penalty imposed for | ||||||
19 | any subsequent violation of subsection (a). | ||||||
20 | (h) For any prosecution under this Section, a certified | ||||||
21 | copy of the driving abstract of the defendant shall be | ||||||
22 | admitted as proof of any prior conviction. | ||||||
23 | (Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23 .)
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24 | (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2) | ||||||
25 | Sec. 11-501.2. Chemical and other tests. |
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1 | (a) Upon the trial of any civil or criminal action or | ||||||
2 | proceeding arising out of an arrest for an offense as defined | ||||||
3 | in Section 11-501 or a similar local ordinance or proceedings | ||||||
4 | pursuant to Section 2-118.1, evidence of the concentration of | ||||||
5 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
6 | compounds, or any combination thereof in a person's blood or | ||||||
7 | breath at the time alleged, as determined by analysis of the | ||||||
8 | person's blood, urine, breath, or other bodily substance, | ||||||
9 | shall be admissible. Where such test is made the following | ||||||
10 | provisions shall apply: | ||||||
11 | 1. Chemical analyses of the person's blood, urine, | ||||||
12 | breath, or other bodily substance to be considered valid | ||||||
13 | under the provisions of this Section shall have been | ||||||
14 | performed according to standards promulgated by the | ||||||
15 | Illinois State Police by a licensed physician, registered | ||||||
16 | nurse, trained phlebotomist, licensed paramedic, or other | ||||||
17 | individual possessing a valid permit issued by that | ||||||
18 | Department for this purpose. The Director of the Illinois | ||||||
19 | State Police is authorized to approve satisfactory | ||||||
20 | techniques or methods, to ascertain the qualifications and | ||||||
21 | competence of individuals to conduct such analyses, to | ||||||
22 | issue permits which shall be subject to termination or | ||||||
23 | revocation at the discretion of that Department and to | ||||||
24 | certify the accuracy of breath testing equipment. The | ||||||
25 | Illinois State Police shall prescribe regulations as | ||||||
26 | necessary to implement this Section. |
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1 | 2. When a person in this State shall submit to a blood | ||||||
2 | test at the request of a law enforcement officer under the | ||||||
3 | provisions of Section 11-501.1, only a physician | ||||||
4 | authorized to practice medicine, a licensed physician | ||||||
5 | assistant, a licensed advanced practice registered nurse, | ||||||
6 | a registered nurse, trained phlebotomist, or licensed | ||||||
7 | paramedic, or other qualified person approved by the | ||||||
8 | Illinois State Police may withdraw blood for the purpose | ||||||
9 | of determining the alcohol, drug, or alcohol and drug | ||||||
10 | content therein. This limitation shall not apply to the | ||||||
11 | taking of breath, other bodily substance, or urine | ||||||
12 | specimens. | ||||||
13 | When a blood test of a person who has been taken to an | ||||||
14 | adjoining state for medical treatment is requested by an | ||||||
15 | Illinois law enforcement officer, the blood may be | ||||||
16 | withdrawn only by a physician authorized to practice | ||||||
17 | medicine in the adjoining state, a licensed physician | ||||||
18 | assistant, a licensed advanced practice registered nurse, | ||||||
19 | a registered nurse, a trained phlebotomist acting under | ||||||
20 | the direction of the physician, or licensed paramedic. The | ||||||
21 | law enforcement officer requesting the test shall take | ||||||
22 | custody of the blood sample, and the blood sample shall be | ||||||
23 | analyzed by a laboratory certified by the Illinois State | ||||||
24 | Police for that purpose. | ||||||
25 | 3. The person tested may have a physician, or a | ||||||
26 | qualified technician, chemist, registered nurse, or other |
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1 | qualified person of their own choosing administer a | ||||||
2 | chemical test or tests in addition to any administered at | ||||||
3 | the direction of a law enforcement officer. The failure or | ||||||
4 | inability to obtain an additional test by a person shall | ||||||
5 | not preclude the admission of evidence relating to the | ||||||
6 | test or tests taken at the direction of a law enforcement | ||||||
7 | officer. | ||||||
8 | 4. Upon the request of the person who shall submit to a | ||||||
9 | chemical test or tests at the request of a law enforcement | ||||||
10 | officer, full information concerning the test or tests | ||||||
11 | shall be made available to the person or such person's | ||||||
12 | attorney. | ||||||
13 | 5. Alcohol concentration shall mean either grams of | ||||||
14 | alcohol per 100 milliliters of blood or grams of alcohol | ||||||
15 | per 210 liters of breath. | ||||||
16 | 6. "Free tetrahydrocannabinol Tetrahydrocannabinol | ||||||
17 | concentration " means the amount of unchanged, parent | ||||||
18 | delta-9-tetrahydrocannabinol detected in a blood or bodily | ||||||
19 | fluid sample either 5 nanograms or more of | ||||||
20 | delta-9-tetrahydrocannabinol per milliliter of whole blood | ||||||
21 | or 10 nanograms or more of delta-9-tetrahydrocannabinol | ||||||
22 | per milliliter of other bodily substance . | ||||||
23 | (a-5) Law enforcement officials may use validated roadside | ||||||
24 | chemical tests or standardized field sobriety tests approved | ||||||
25 | by the National Highway Traffic Safety Administration when | ||||||
26 | conducting investigations of a violation of Section 11-501 or |
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1 | similar local ordinance by drivers suspected of driving under | ||||||
2 | the influence of cannabis. The General Assembly finds that (i) | ||||||
3 | validated roadside chemical tests are effective means to | ||||||
4 | determine if a person is under the influence of cannabis and | ||||||
5 | (ii) standardized field sobriety tests approved by the | ||||||
6 | National Highway Traffic Safety Administration are divided | ||||||
7 | attention tasks that are intended to determine if a person is | ||||||
8 | under the influence of cannabis. The purpose of these tests is | ||||||
9 | to determine the effect of the use of cannabis on a person's | ||||||
10 | capacity to think and act with ordinary care and therefore | ||||||
11 | operate a motor vehicle safely. Therefore, the results of | ||||||
12 | these validated roadside chemical tests and standardized field | ||||||
13 | sobriety tests, appropriately administered, shall be | ||||||
14 | admissible in the trial of any civil or criminal action or | ||||||
15 | proceeding arising out of an arrest for a cannabis-related | ||||||
16 | offense as defined in Section 11-501 or a similar local | ||||||
17 | ordinance or proceedings under Section 2-118.1 or 2-118.2. | ||||||
18 | Where a test is made the following provisions shall apply: | ||||||
19 | 1. The person tested may have a physician, or a | ||||||
20 | qualified technician, chemist, registered nurse, or other | ||||||
21 | qualified person of their own choosing administer a | ||||||
22 | chemical test or tests in addition to the standardized | ||||||
23 | field sobriety test or tests administered at the direction | ||||||
24 | of a law enforcement officer. The failure or inability to | ||||||
25 | obtain an additional test by a person does not preclude | ||||||
26 | the admission of evidence relating to the test or tests |
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1 | taken at the direction of a law enforcement officer. | ||||||
2 | 2. Upon the request of the person who shall submit to | ||||||
3 | validated roadside chemical tests or a standardized field | ||||||
4 | sobriety test or tests at the request of a law enforcement | ||||||
5 | officer, full information concerning the test or tests | ||||||
6 | shall be made available to the person or the person's | ||||||
7 | attorney. | ||||||
8 | 3. At the trial of any civil or criminal action or | ||||||
9 | proceeding arising out of an arrest for an offense as | ||||||
10 | defined in Section 11-501 or a similar local ordinance or | ||||||
11 | proceedings under Section 2-118.1 or 2-118.2 in which the | ||||||
12 | results of these validated roadside chemical tests or | ||||||
13 | standardized field sobriety tests are admitted, the person | ||||||
14 | may present and the trier of fact may consider evidence | ||||||
15 | that the person lacked the physical capacity to perform | ||||||
16 | the validated roadside chemical tests or standardized | ||||||
17 | field sobriety tests. | ||||||
18 | (b) Upon the trial of any civil or criminal action or | ||||||
19 | proceeding arising out of acts alleged to have been committed | ||||||
20 | by any person while driving or in actual physical control of a | ||||||
21 | vehicle while under the influence of alcohol, the | ||||||
22 | concentration of alcohol in the person's blood or breath at | ||||||
23 | the time alleged as shown by analysis of the person's blood, | ||||||
24 | urine, breath, or other bodily substance shall give rise to | ||||||
25 | the following presumptions: | ||||||
26 | 1. If there was at that time an alcohol concentration |
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1 | of 0.05 or less, it shall be presumed that the person was | ||||||
2 | not under the influence of alcohol. | ||||||
3 | 2. If there was at that time an alcohol concentration | ||||||
4 | in excess of 0.05 but less than 0.08, such facts shall not | ||||||
5 | give rise to any presumption that the person was or was not | ||||||
6 | under the influence of alcohol, but such fact may be | ||||||
7 | considered with other competent evidence in determining | ||||||
8 | whether the person was under the influence of alcohol. | ||||||
9 | 3. If there was at that time an alcohol concentration | ||||||
10 | of 0.08 or more, it shall be presumed that the person was | ||||||
11 | under the influence of alcohol. | ||||||
12 | 4. The foregoing provisions of this Section shall not | ||||||
13 | be construed as limiting the introduction of any other | ||||||
14 | relevant evidence bearing upon the question whether the | ||||||
15 | person was under the influence of alcohol. | ||||||
16 | (b-5) Upon the trial of any civil or criminal action or | ||||||
17 | proceeding arising out of acts alleged to have been committed | ||||||
18 | by any person while driving or in actual physical control of a | ||||||
19 | vehicle while under the influence of alcohol, other drug or | ||||||
20 | drugs, intoxicating compound or compounds or any combination | ||||||
21 | thereof, the concentration of cannabis in the person's whole | ||||||
22 | blood or other bodily substance at the time alleged as shown by | ||||||
23 | analysis of the person's blood or other bodily substance shall | ||||||
24 | give rise to the following presumptions: | ||||||
25 | 1. If there was a free tetrahydrocannabinol | ||||||
26 | concentration , as defined in this Section, of 5 nanograms |
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1 | or more per milliliter in whole blood or 10 nanograms or | ||||||
2 | more per milliliter in any an other bodily substance as | ||||||
3 | defined in this Section , it shall be presumed that the | ||||||
4 | person was under the influence of cannabis. | ||||||
5 | 2. If there was at that time a free | ||||||
6 | tetrahydrocannabinol concentration of less than 5 | ||||||
7 | nanograms per milliliter in whole blood or less than 10 | ||||||
8 | nanograms per milliliter in an other bodily substance, | ||||||
9 | such facts shall not give rise to any presumption that the | ||||||
10 | person was or was not under the influence of cannabis, but | ||||||
11 | such fact may be considered with other competent evidence | ||||||
12 | in determining whether the person was under the influence | ||||||
13 | of cannabis. | ||||||
14 | (c) 1. If a person under arrest refuses to submit to a | ||||||
15 | chemical test under the provisions of Section 11-501.1, | ||||||
16 | evidence of refusal shall be admissible in any civil or | ||||||
17 | criminal action or proceeding arising out of acts alleged to | ||||||
18 | have been committed while the person under the influence of | ||||||
19 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
20 | compounds, or any combination thereof was driving or in actual | ||||||
21 | physical control of a motor vehicle. | ||||||
22 | 2. Notwithstanding any ability to refuse under this Code | ||||||
23 | to submit to these tests or any ability to revoke the implied | ||||||
24 | consent to these tests, if a law enforcement officer has | ||||||
25 | probable cause to believe that a motor vehicle driven by or in | ||||||
26 | actual physical control of a person under the influence of |
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1 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
2 | compounds, or any combination thereof has caused the death or | ||||||
3 | personal injury to another, the law enforcement officer shall | ||||||
4 | request, and that person shall submit, upon the request of a | ||||||
5 | law enforcement officer, to a chemical test or tests of his or | ||||||
6 | her blood, breath, other bodily substance, or urine for the | ||||||
7 | purpose of determining the alcohol content thereof or the | ||||||
8 | presence of any other drug or combination of both. | ||||||
9 | This provision does not affect the applicability of or | ||||||
10 | imposition of driver's license sanctions under Section | ||||||
11 | 11-501.1 of this Code. | ||||||
12 | 3. For purposes of this Section, a personal injury | ||||||
13 | includes any Type A injury as indicated on the traffic crash | ||||||
14 | report completed by a law enforcement officer that requires | ||||||
15 | immediate professional attention in either a doctor's office | ||||||
16 | or a medical facility. A Type A injury includes severe | ||||||
17 | bleeding wounds, distorted extremities, and injuries that | ||||||
18 | require the injured party to be carried from the scene. | ||||||
19 | (d) If a person refuses validated roadside chemical tests | ||||||
20 | or standardized field sobriety tests under Section 11-501.9 of | ||||||
21 | this Code, evidence of refusal shall be admissible in any | ||||||
22 | civil or criminal action or proceeding arising out of acts | ||||||
23 | committed while the person was driving or in actual physical | ||||||
24 | control of a vehicle and alleged to have been impaired by the | ||||||
25 | use of cannabis. | ||||||
26 | (e) Illinois State Police compliance with the changes in |
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