Bill Text: IL HB4583 | 2011-2012 | 97th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Removes certified paramedics from the list of persons within the State qualified to draw blood for alcohol and drug testing. Provides that a qualified person certified (instead of "trained") in venipuncture and acting under the direction of a licensed physician may withdraw blood for the purpose of determining the alcohol content therein.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB4583 Detail]
Download: Illinois-2011-HB4583-Introduced.html
Bill Title: Amends the Illinois Vehicle Code. Removes certified paramedics from the list of persons within the State qualified to draw blood for alcohol and drug testing. Provides that a qualified person certified (instead of "trained") in venipuncture and acting under the direction of a licensed physician may withdraw blood for the purpose of determining the alcohol content therein.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB4583 Detail]
Download: Illinois-2011-HB4583-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,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||||
5 | Sections 11-501.2 and 11-501.8 as follows:
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6 | (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
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7 | Sec. 11-501.2. Chemical and other tests.
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8 | (a) Upon the trial of any civil or criminal action or | |||||||||||||||||||||
9 | proceeding arising out
of an arrest for an offense as defined | |||||||||||||||||||||
10 | in Section 11-501 or a similar local
ordinance or proceedings | |||||||||||||||||||||
11 | pursuant to Section 2-118.1, evidence of the
concentration of | |||||||||||||||||||||
12 | alcohol, other drug or drugs, or intoxicating compound or
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13 | compounds, or any combination thereof in a person's blood
or | |||||||||||||||||||||
14 | breath at the time alleged, as determined by analysis of the | |||||||||||||||||||||
15 | person's blood,
urine, breath or other bodily substance, shall | |||||||||||||||||||||
16 | be admissible. Where such test
is made the following provisions | |||||||||||||||||||||
17 | shall apply:
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18 | 1. Chemical analyses of the person's blood, urine, | |||||||||||||||||||||
19 | breath or other bodily
substance to be considered valid | |||||||||||||||||||||
20 | under the provisions of this Section shall
have been | |||||||||||||||||||||
21 | performed according to standards promulgated by the | |||||||||||||||||||||
22 | Department of State Police
by
a licensed physician, | |||||||||||||||||||||
23 | registered nurse, trained phlebotomist, certified |
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| |||||||
1 | paramedic, or other individual
possessing a valid permit | ||||||
2 | issued by that Department for
this purpose. The Director of | ||||||
3 | State Police is authorized to approve satisfactory
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4 | techniques or methods, to ascertain the qualifications and | ||||||
5 | competence of
individuals to conduct such analyses, to | ||||||
6 | issue permits which shall be subject
to termination or | ||||||
7 | revocation at the discretion of that Department and to
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8 | certify the accuracy of breath testing equipment. The | ||||||
9 | Department
of
State Police shall prescribe regulations as | ||||||
10 | necessary to
implement this
Section.
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11 | 2. When a person in this State shall submit to a blood | ||||||
12 | test at the request
of a law enforcement officer under the | ||||||
13 | provisions of Section 11-501.1, only a
physician | ||||||
14 | authorized to practice medicine, a licensed physician | ||||||
15 | assistant, a licensed advanced practice nurse, a | ||||||
16 | registered nurse, trained
phlebotomist, or certified | ||||||
17 | paramedic, or other
qualified person approved by the | ||||||
18 | Department of State Police may withdraw blood
for the | ||||||
19 | purpose of determining the alcohol, drug, or alcohol and | ||||||
20 | drug content
therein. This limitation shall not apply to | ||||||
21 | the taking of breath or urine
specimens.
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22 | When a blood test of a person who has been taken to an | ||||||
23 | adjoining state
for medical treatment is requested by an | ||||||
24 | Illinois law enforcement officer,
the blood may be | ||||||
25 | withdrawn only by a physician authorized to practice
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26 | medicine in the adjoining state, a licensed physician |
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1 | assistant, a licensed advanced practice nurse, a | ||||||
2 | registered nurse, a trained
phlebotomist acting under the | ||||||
3 | direction of the physician, or certified
paramedic. The law
| ||||||
4 | enforcement officer requesting the test shall take custody | ||||||
5 | of the blood
sample, and the blood sample shall be analyzed | ||||||
6 | by a laboratory certified by the
Department of State Police | ||||||
7 | for that purpose.
| ||||||
8 | 3. The person tested may have a physician, or a | ||||||
9 | qualified technician,
chemist, registered nurse, or other | ||||||
10 | qualified person of their own choosing
administer a | ||||||
11 | chemical test or tests in addition to any administered at | ||||||
12 | the
direction of a law enforcement officer. The failure or | ||||||
13 | inability to obtain
an additional test by a person shall | ||||||
14 | not preclude the admission of evidence
relating to the test | ||||||
15 | or tests taken at the direction of a law enforcement
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16 | officer.
| ||||||
17 | 4. Upon the request of the person who shall submit to a | ||||||
18 | chemical test
or tests at the request of a law enforcement | ||||||
19 | officer, full information
concerning the test or tests | ||||||
20 | shall be made available to the person or such
person's | ||||||
21 | attorney.
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22 | 5. Alcohol concentration shall mean either grams of | ||||||
23 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
24 | per 210 liters of breath.
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25 | (b) Upon the trial of any civil or criminal action or | ||||||
26 | proceeding arising
out of acts alleged to have been committed |
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1 | by any person while driving or
in actual physical control of a | ||||||
2 | vehicle while under the influence of alcohol,
the concentration | ||||||
3 | of alcohol in the person's blood or breath at the time
alleged | ||||||
4 | as shown by analysis of the person's blood, urine, breath, or | ||||||
5 | other
bodily substance shall give rise to the following | ||||||
6 | presumptions:
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7 | 1. If there was at that time an alcohol concentration | ||||||
8 | of 0.05 or less,
it shall be presumed that the person was | ||||||
9 | not under the influence of alcohol.
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10 | 2. If there was at that time an alcohol concentration | ||||||
11 | in excess of 0.05
but less than 0.08, such facts shall not | ||||||
12 | give rise to any
presumption that
the person was or was not | ||||||
13 | under the influence of alcohol, but such fact
may be | ||||||
14 | considered with other competent evidence in determining | ||||||
15 | whether the
person was under the influence of alcohol.
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16 | 3. If there was at that time an alcohol concentration | ||||||
17 | of 0.08
or more,
it shall be presumed that the person was | ||||||
18 | under the influence of alcohol.
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19 | 4. The foregoing provisions of this Section shall not | ||||||
20 | be construed as
limiting the introduction of any other | ||||||
21 | relevant evidence bearing upon the
question whether the | ||||||
22 | person was under the influence of alcohol.
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23 | (c) 1. If a person under arrest refuses to submit to a | ||||||
24 | chemical test
under
the provisions of Section 11-501.1, | ||||||
25 | evidence of refusal shall be admissible
in any civil or | ||||||
26 | criminal action or proceeding arising out of acts alleged
to |
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1 | have been committed while the person under the influence of | ||||||
2 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
3 | compounds, or
any combination thereof was driving or in actual | ||||||
4 | physical
control of a motor vehicle.
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5 | 2. Notwithstanding any ability to refuse under this Code to | ||||||
6 | submit to
these tests or any ability to revoke the implied | ||||||
7 | consent to these tests, if a
law enforcement officer has | ||||||
8 | probable cause to believe that a motor vehicle
driven by or in | ||||||
9 | actual physical control of a person under the influence of
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10 | alcohol, other drug or drugs, or intoxicating compound or
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11 | compounds,
or any combination thereof
has caused the death or
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12 | personal injury to another, the law enforcement officer shall | ||||||
13 | request, and that person shall submit, upon the request of a | ||||||
14 | law
enforcement officer, to a chemical test or tests of his or | ||||||
15 | her blood, breath or
urine for the purpose of
determining the | ||||||
16 | alcohol content thereof or the presence of any other drug or
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17 | combination of both.
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18 | This provision does not affect the applicability of or | ||||||
19 | imposition of driver's
license sanctions under Section | ||||||
20 | 11-501.1 of this Code.
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21 | 3. For purposes of this Section, a personal injury includes | ||||||
22 | any Type A
injury as indicated on the traffic accident report | ||||||
23 | completed by a law
enforcement officer that requires immediate | ||||||
24 | professional attention in either a
doctor's office or a medical | ||||||
25 | facility. A Type A injury includes severe
bleeding wounds, | ||||||
26 | distorted extremities, and injuries that require the injured
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1 | party to be carried from the scene.
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2 | (Source: P.A. 96-289, eff. 8-11-09; 97-450, eff. 8-19-11; | ||||||
3 | 97-471, eff. 8-22-11; revised 10-4-11.)
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4 | (625 ILCS 5/11-501.8)
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5 | Sec. 11-501.8. Suspension of driver's license; persons | ||||||
6 | under age 21.
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7 | (a) A person who is less than 21 years of age and who | ||||||
8 | drives or
is in actual physical control of a motor vehicle upon | ||||||
9 | the
public highways of this State shall be deemed to have given | ||||||
10 | consent to a
chemical test or tests of blood, breath, or urine | ||||||
11 | for the purpose of
determining the alcohol content of the | ||||||
12 | person's blood if arrested, as evidenced
by the issuance of a | ||||||
13 | Uniform Traffic Ticket for any violation of the Illinois
| ||||||
14 | Vehicle Code or a similar provision of a local ordinance, if a | ||||||
15 | police officer
has probable cause to believe that the driver | ||||||
16 | has consumed any amount of an
alcoholic beverage based upon | ||||||
17 | evidence of the driver's physical condition or
other first hand | ||||||
18 | knowledge of the police officer. The test or tests shall be
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19 | administered at the direction of the arresting officer. The law | ||||||
20 | enforcement
agency employing the officer shall designate which | ||||||
21 | of the aforesaid tests shall
be administered. A urine test may | ||||||
22 | be administered even after a blood or
breath test or both has | ||||||
23 | been administered.
| ||||||
24 | (b) A person who is dead, unconscious, or who is otherwise | ||||||
25 | in a condition
rendering that person incapable of refusal, |
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1 | shall be deemed not to have
withdrawn the consent provided by | ||||||
2 | paragraph (a) of this Section and the test or
tests may be | ||||||
3 | administered subject to the following provisions:
| ||||||
4 | (i) Chemical analysis of the person's blood, urine, | ||||||
5 | breath, or
other bodily substance, to be considered valid | ||||||
6 | under the provisions of this
Section, shall have been | ||||||
7 | performed according to standards promulgated by the | ||||||
8 | Department of State
Police
by an individual possessing a | ||||||
9 | valid permit issued by that Department for this
purpose. | ||||||
10 | The Director of State Police is authorized to approve | ||||||
11 | satisfactory
techniques or methods, to ascertain the | ||||||
12 | qualifications and competence of
individuals to conduct | ||||||
13 | analyses, to issue permits that shall be subject to
| ||||||
14 | termination or revocation at the direction of that | ||||||
15 | Department, and to certify
the accuracy of breath testing | ||||||
16 | equipment. The Department of
State Police shall prescribe | ||||||
17 | regulations as necessary.
| ||||||
18 | (ii) When a person submits to a blood test at the | ||||||
19 | request of a law
enforcement officer under the provisions | ||||||
20 | of this Section, only a physician
authorized to practice | ||||||
21 | medicine, a licensed physician assistant, a licensed | ||||||
22 | advanced practice nurse, a registered nurse, or other | ||||||
23 | qualified person
certified trained in venipuncture and | ||||||
24 | acting under the direction of a licensed physician
may | ||||||
25 | withdraw blood for the purpose of determining the alcohol | ||||||
26 | content therein.
This limitation does not apply to the |
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| |||||||
1 | taking of breath or urine specimens.
| ||||||
2 | (iii) The person tested may have a physician, qualified | ||||||
3 | technician,
chemist, registered nurse, or other qualified | ||||||
4 | person of his or her own choosing
administer a chemical | ||||||
5 | test or tests in addition to any test or tests
administered | ||||||
6 | at the direction of a law enforcement officer. The failure | ||||||
7 | or
inability to obtain an additional test by a person shall | ||||||
8 | not preclude the
consideration of the previously performed | ||||||
9 | chemical test.
| ||||||
10 | (iv) Upon a request of the person who submits to a | ||||||
11 | chemical test or
tests at the request of a law enforcement | ||||||
12 | officer, full information concerning
the test or tests | ||||||
13 | shall be made available to the person or that person's
| ||||||
14 | attorney.
| ||||||
15 | (v) Alcohol concentration means either grams of | ||||||
16 | alcohol per 100
milliliters of blood or grams of alcohol | ||||||
17 | per 210 liters of breath.
| ||||||
18 | (vi) If a driver is receiving medical treatment as a | ||||||
19 | result of a motor
vehicle accident, a physician licensed to | ||||||
20 | practice medicine, licensed physician assistant, licensed | ||||||
21 | advanced practice nurse, registered nurse,
or other | ||||||
22 | qualified person certified trained in venipuncture and
| ||||||
23 | acting under the direction of a licensed physician shall
| ||||||
24 | withdraw blood for testing purposes to ascertain the | ||||||
25 | presence of alcohol upon
the specific request of a law | ||||||
26 | enforcement officer. However, that testing
shall not be |
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1 | performed until, in the opinion of the medical personnel on | ||||||
2 | scene,
the withdrawal can be made without interfering with | ||||||
3 | or endangering the
well-being of the patient.
| ||||||
4 | (c) A person requested to submit to a test as provided | ||||||
5 | above shall be warned
by the law enforcement officer requesting | ||||||
6 | the test that a refusal to submit to
the test, or submission to | ||||||
7 | the test resulting in an alcohol concentration of
more than | ||||||
8 | 0.00, may result in the loss of that person's privilege to | ||||||
9 | operate a
motor vehicle and may result in the disqualification | ||||||
10 | of the person's privilege to operate a commercial motor | ||||||
11 | vehicle, as provided in Section 6-514 of this Code, if the | ||||||
12 | person is a CDL holder. The loss of driving privileges shall be | ||||||
13 | imposed in accordance
with Section 6-208.2 of this Code.
| ||||||
14 | (d) If the person refuses testing or submits to a test that | ||||||
15 | discloses an
alcohol concentration of more than 0.00, the law | ||||||
16 | enforcement officer shall
immediately submit a sworn report to | ||||||
17 | the Secretary of State on a form
prescribed by the Secretary of | ||||||
18 | State, certifying that the test or tests were
requested under | ||||||
19 | subsection (a) and the person refused to submit to a test
or | ||||||
20 | tests or submitted to testing which disclosed an alcohol | ||||||
21 | concentration of
more than 0.00. The law enforcement officer | ||||||
22 | shall submit the same sworn report
when a person under the age | ||||||
23 | of 21 submits to testing under Section
11-501.1 of this Code | ||||||
24 | and the testing discloses an alcohol concentration of
more than | ||||||
25 | 0.00 and less than 0.08.
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26 | Upon receipt of the sworn report of a law enforcement |
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1 | officer, the Secretary
of State shall enter the suspension and | ||||||
2 | disqualification on the individual's driving
record and the | ||||||
3 | suspension and disqualification shall be effective on the 46th | ||||||
4 | day following the date
notice of the suspension was given to | ||||||
5 | the person. If this suspension is the
individual's first | ||||||
6 | driver's license suspension under this Section, reports
| ||||||
7 | received by the Secretary of State under this Section shall, | ||||||
8 | except during the
time the suspension is in effect, be | ||||||
9 | privileged information and for use only by
the courts, police | ||||||
10 | officers, prosecuting authorities, the Secretary of State,
or | ||||||
11 | the individual personally, unless the person is a CDL holder, | ||||||
12 | is operating a commercial motor vehicle or vehicle required to | ||||||
13 | be placarded for hazardous materials, in which case the | ||||||
14 | suspension shall not be privileged.
Reports received by the | ||||||
15 | Secretary of State under this Section shall also be made | ||||||
16 | available to the parent or guardian of a person under the age | ||||||
17 | of 18 years that holds an instruction permit or a graduated | ||||||
18 | driver's license, regardless of whether the suspension is in | ||||||
19 | effect.
| ||||||
20 | The law enforcement officer submitting the sworn report | ||||||
21 | shall serve immediate
notice of this suspension on the person | ||||||
22 | and the suspension and disqualification shall
be effective on | ||||||
23 | the 46th day following the date notice was given.
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24 | In cases where the blood alcohol concentration of more than | ||||||
25 | 0.00 is
established by a subsequent analysis of blood or urine, | ||||||
26 | the police officer or
arresting agency shall give notice as |
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1 | provided in this Section or by deposit
in the United States | ||||||
2 | mail of that notice in an envelope with postage prepaid
and | ||||||
3 | addressed to that person at his last known address and the loss | ||||||
4 | of driving
privileges shall be effective on the 46th day | ||||||
5 | following the date notice was
given.
| ||||||
6 | Upon receipt of the sworn report of a law enforcement | ||||||
7 | officer, the Secretary
of State shall also give notice of the | ||||||
8 | suspension and disqualification to the driver
by mailing a | ||||||
9 | notice of the effective date of the suspension and | ||||||
10 | disqualification to the individual.
However, should the sworn | ||||||
11 | report be defective by not containing sufficient
information or | ||||||
12 | be completed in error, the notice of the suspension and | ||||||
13 | disqualification shall not be mailed to the person or entered | ||||||
14 | to the driving record,
but rather the sworn report shall be | ||||||
15 | returned to the issuing law enforcement
agency.
| ||||||
16 | (e) A driver may contest this suspension and | ||||||
17 | disqualification by requesting an
administrative hearing with | ||||||
18 | the Secretary of State in accordance with Section
2-118 of this | ||||||
19 | Code. An individual whose blood alcohol concentration is shown
| ||||||
20 | to be more than 0.00 is not subject to this Section if he or she | ||||||
21 | consumed
alcohol in the performance of a religious service or | ||||||
22 | ceremony. An individual
whose blood alcohol concentration is | ||||||
23 | shown to be more than 0.00 shall not be
subject to this Section | ||||||
24 | if the individual's blood alcohol concentration
resulted only | ||||||
25 | from ingestion of the prescribed or recommended dosage of
| ||||||
26 | medicine that contained alcohol. The petition for that hearing |
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| |||||||
1 | shall not stay
or delay the effective date of the impending | ||||||
2 | suspension. The scope of this
hearing shall be limited to the | ||||||
3 | issues of:
| ||||||
4 | (1) whether the police officer had probable cause to | ||||||
5 | believe that the
person was driving or in actual physical | ||||||
6 | control of a motor vehicle upon the
public highways of the | ||||||
7 | State and the police officer had reason to believe that
the | ||||||
8 | person was in violation of any provision of the Illinois | ||||||
9 | Vehicle Code or a
similar provision of a local ordinance; | ||||||
10 | and
| ||||||
11 | (2) whether the person was issued a Uniform Traffic | ||||||
12 | Ticket for any
violation of the Illinois Vehicle Code or a | ||||||
13 | similar provision of a local
ordinance; and
| ||||||
14 | (3) whether the police officer had probable cause to | ||||||
15 | believe that the
driver
had consumed any amount of an | ||||||
16 | alcoholic beverage based upon the driver's
physical | ||||||
17 | actions or other first-hand knowledge of the police | ||||||
18 | officer; and
| ||||||
19 | (4) whether the person, after being advised by the | ||||||
20 | officer that the
privilege to operate a motor vehicle would | ||||||
21 | be suspended if the person refused
to submit to and | ||||||
22 | complete the test or tests, did refuse to submit to or
| ||||||
23 | complete the test or tests to determine the person's | ||||||
24 | alcohol concentration;
and
| ||||||
25 | (5) whether the person, after being advised by the | ||||||
26 | officer that the
privileges to operate a motor vehicle |
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| |||||||
1 | would be suspended if the person submits
to a chemical test | ||||||
2 | or tests and the test or tests disclose an alcohol
| ||||||
3 | concentration of more than 0.00, did submit to and
complete | ||||||
4 | the
test or tests that determined an alcohol concentration | ||||||
5 | of more than 0.00; and
| ||||||
6 | (6) whether the test result of an alcohol concentration | ||||||
7 | of more than 0.00
was based upon the person's consumption | ||||||
8 | of alcohol in the performance of a
religious service or | ||||||
9 | ceremony; and
| ||||||
10 | (7) whether the test result of an alcohol concentration | ||||||
11 | of more than 0.00
was based upon the person's consumption | ||||||
12 | of alcohol through ingestion of the
prescribed or | ||||||
13 | recommended dosage of medicine.
| ||||||
14 | At the conclusion of the hearing held under Section 2-118 | ||||||
15 | of
this Code, the Secretary of State may rescind, continue, or | ||||||
16 | modify the suspension and disqualification. If the Secretary of | ||||||
17 | State does not rescind the suspension and disqualification, a
| ||||||
18 | restricted driving permit may be granted by the Secretary of | ||||||
19 | State upon
application being made and good cause shown. A | ||||||
20 | restricted driving permit may be
granted to relieve undue | ||||||
21 | hardship by allowing driving for employment,
educational, and | ||||||
22 | medical purposes as outlined in item (3) of part (c) of
Section | ||||||
23 | 6-206 of this Code. The provisions of item (3) of part (c) of | ||||||
24 | Section
6-206 of this Code and of subsection (f) of that | ||||||
25 | Section shall apply. The Secretary of State shall promulgate | ||||||
26 | rules
providing for participation in an alcohol education and |
| |||||||
| |||||||
1 | awareness program or
activity, a drug education and awareness | ||||||
2 | program or activity, or both as a
condition to the issuance of | ||||||
3 | a restricted driving permit for suspensions
imposed under this | ||||||
4 | Section.
| ||||||
5 | (f) The results of any chemical testing performed in | ||||||
6 | accordance with
subsection (a) of this Section are not | ||||||
7 | admissible in any civil or criminal
proceeding, except that the | ||||||
8 | results of the testing may be considered at a
hearing held | ||||||
9 | under Section 2-118 of this Code. However, the results of
the | ||||||
10 | testing may not be used to impose driver's license sanctions | ||||||
11 | under
Section 11-501.1 of this Code. A law enforcement officer | ||||||
12 | may, however, pursue
a statutory summary suspension or | ||||||
13 | revocation of driving privileges under Section 11-501.1 of
this | ||||||
14 | Code if other physical evidence or first hand knowledge forms | ||||||
15 | the basis
of that suspension or revocation.
| ||||||
16 | (g) This Section applies only to drivers who are under
age | ||||||
17 | 21 at the time of the issuance of a Uniform Traffic Ticket for | ||||||
18 | a
violation of the Illinois Vehicle Code or a similar provision | ||||||
19 | of a local
ordinance, and a chemical test request is made under | ||||||
20 | this Section.
| ||||||
21 | (h) The action of the Secretary of State in suspending, | ||||||
22 | revoking, cancelling, or
disqualifying any license or
permit | ||||||
23 | shall be
subject to judicial review in the Circuit Court of | ||||||
24 | Sangamon County or in the
Circuit Court of Cook County, and the | ||||||
25 | provisions of the Administrative Review
Law and its rules are | ||||||
26 | hereby adopted and shall apply to and govern every action
for |
| |||||||
| |||||||
1 | the judicial review of final acts or decisions of the Secretary | ||||||
2 | of State
under this Section.
| ||||||
3 | (Source: P.A. 96-1080, eff. 7-16-10; 96-1344, eff. 7-1-11; | ||||||
4 | 97-333, eff. 8-12-11; 97-450, eff. 8-19-11.)
|