Bill Text: IL HB1779 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning statutory summary suspensions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB1779 Detail]

Download: Illinois-2011-HB1779-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB1779 Introduced , by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-501.1
Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning statutory summary suspensions.
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A BILL FOR
HB1779 LRB097 09693 HEP 49830 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
Section 11-501.1 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 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. The test or tests shall
be administered at the direction of the arresting officer. The
law enforcement agency employing the officer shall designate

HB1779 - 2 - LRB097 09693 HEP 49830 b
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
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

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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
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

HB1779 - 4 - LRB097 09693 HEP 49830 b
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
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

HB1779 - 5 - LRB097 09693 HEP 49830 b
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,
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

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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
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

HB1779 - 7 - LRB097 09693 HEP 49830 b
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
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.

HB1779 - 8 - LRB097 09693 HEP 49830 b
(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 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. 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

HB1779 - 9 - LRB097 09693 HEP 49830 b
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
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

HB1779 - 10 - LRB097 09693 HEP 49830 b
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
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

HB1779 - 11 - LRB097 09693 HEP 49830 b
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
amount of a drug, substance, or intoxicating compound in the

HB1779 - 12 - LRB097 09693 HEP 49830 b
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).
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

HB1779 - 13 - LRB097 09693 HEP 49830 b
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
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

HB1779 - 14 - LRB097 09693 HEP 49830 b
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:
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

HB1779 - 15 - LRB097 09693 HEP 49830 b
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.)