Bill Text: IL HB2649 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Illinois Vehicle Code. Provides that a person is guilty of a non-probationary Class 3 felony (rather than a Class 4 felony) when the person is convicted of driving under the influence (DUI) of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof (prohibited substances), (rather than the person being convicted of a DUI violation for a second time) and has previously been convicted of reckless homicide or a similar provision of a law of another state in which the person was determined to have been under the influence of prohibited substances as an element of the offense, or in committing a DUI violation, the person was involved in a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, when the DUI violation was a proximate cause of the death. Provides that evidence of a person's blood, urine, breath or other bodily substance concentration of prohibited substances is admissible when gathered by a trained phlebotomist (rather than a trained phlebotomist acting under the direction of a licensed physician) in any civil or criminal action or proceeding arising out of an DUI arrest. Provides that blood or urine tests (rather than only blood tests) performed for the purpose of determining the concentration of prohibited substances are admissible evidence as a business record exception to the hearsay rule in prosecutions for a DUI violation or a similar provision of a local ordinance, or in prosecutions for reckless homicide and makes corresponding changes in the Boat Registration and Safety Act and Snowmobile Registration and Safety Act. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2009-08-11 - Public Act . . . . . . . . . 96-0289 [HB2649 Detail]

Download: Illinois-2009-HB2649-Enrolled.html

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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
Sections 11-501, 11-501.2, and 11-501.4 as follows:
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
Sec. 11-501. Driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof.
(a) A person shall not drive or be in actual physical
control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood or
breath is 0.08 or more based on the definition of blood and
breath units in Section 11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound or
combination of intoxicating compounds to a degree that
renders the person incapable of driving safely;
(4) under the influence of any other drug or
combination of drugs to a degree that renders the person
incapable of safely driving;
(5) under the combined influence of alcohol, other drug
or drugs, or intoxicating compound or compounds to a degree

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that renders the person incapable of safely driving; or
(6) there is any amount of a drug, substance, or
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 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.
(b) The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug or drugs, or intoxicating compound or compounds, or any
combination thereof, shall not constitute a defense against any
charge of violating this Section.
(c) Penalties.
(1) Except as otherwise provided in this Section, any
person convicted of violating subsection (a) of this
Section is guilty of a Class A misdemeanor.
(2) A person who violates subsection (a) or a similar
provision a second time shall be sentenced to a mandatory
minimum term of either 5 days of imprisonment or 240 hours
of community service in addition to any other criminal or
administrative sanction.
(3) A person who violates subsection (a) is subject to
6 months of imprisonment, an additional mandatory minimum
fine of $1,000, and 25 days of community service in a

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program benefiting children if the person was transporting
a person under the age of 16 at the time of the violation.
(4) A person who violates subsection (a) a first time,
if the alcohol concentration in his or her blood, breath,
or urine was 0.16 or more based on the definition of blood,
breath, or urine units in Section 11-501.2, shall be
subject, in addition to any other penalty that may be
imposed, to a mandatory minimum of 100 hours of community
service and a mandatory minimum fine of $500.
(5) A person who violates subsection (a) a second time,
if at the time of the second violation the alcohol
concentration in his or her blood, breath, or urine was
0.16 or more based on the definition of blood, breath, or
urine units in Section 11-501.2, shall be subject, in
addition to any other penalty that may be imposed, to a
mandatory minimum of 2 days of imprisonment and a mandatory
minimum fine of $1,250.
(d) Aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or
any combination thereof.
(1) Every person convicted of committing a violation of
this Section shall be guilty of aggravated driving under
the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof if:
(A) the person committed a violation of subsection

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(a) or a similar provision for the third or subsequent
time;
(B) the person committed a violation of subsection
(a) while driving a school bus with persons 18 years of
age or younger on board;
(C) the person in committing a violation of
subsection (a) was involved in a motor vehicle accident
that resulted in great bodily harm or permanent
disability or disfigurement to another, when the
violation was a proximate cause of the injuries;
(D) the person committed a violation of subsection
(a) for a second time and has been previously convicted
of violating Section 9-3 of the Criminal Code of 1961
or a similar provision of a law of another state
relating to reckless homicide in which the person was
determined to have been under the influence of alcohol,
other drug or drugs, or intoxicating compound or
compounds as an element of the offense or the person
has previously been convicted under subparagraph (C)
or subparagraph (F) of this paragraph (1);
(E) the person, in committing a violation of
subsection (a) while driving at any speed in a school
speed zone at a time when a speed limit of 20 miles per
hour was in effect under subsection (a) of Section
11-605 of this Code, was involved in a motor vehicle
accident that resulted in bodily harm, other than great

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bodily harm or permanent disability or disfigurement,
to another person, when the violation of subsection (a)
was a proximate cause of the bodily harm;
(F) the person, in committing a violation of
subsection (a), was involved in a motor vehicle,
snowmobile, all-terrain vehicle, or watercraft
accident that resulted in the death of another person,
when the violation of subsection (a) was a proximate
cause of the death;
(G) the person committed a violation of subsection
(a) during a period in which the defendant's driving
privileges are revoked or suspended, where the
revocation or suspension was for a violation of
subsection (a) or a similar provision, Section
11-501.1, paragraph (b) of Section 11-401, or for
reckless homicide as defined in Section 9-3 of the
Criminal Code of 1961;
(H) the person committed the violation while he or
she did not possess a driver's license or permit or a
restricted driving permit or a judicial driving permit
or a monitoring device driving permit;
(I) the person committed the violation while he or
she knew or should have known that the vehicle he or
she was driving was not covered by a liability
insurance policy;
(J) the person in committing a violation of

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subsection (a) was involved in a motor vehicle accident
that resulted in bodily harm, but not great bodily
harm, to the child under the age of 16 being
transported by the person, if the violation was the
proximate cause of the injury; or
(K) the person in committing a second violation of
subsection (a) or a similar provision was transporting
a person under the age of 16.
(2)(A) Except as provided otherwise, a person
convicted of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof is guilty of a Class
4 felony.
(B) A third violation of this Section or a similar
provision is a Class 2 felony. If at the time of the third
violation the alcohol concentration in his or her blood,
breath, or urine was 0.16 or more based on the definition
of blood, breath, or urine units in Section 11-501.2, a
mandatory minimum of 90 days of imprisonment and a
mandatory minimum fine of $2,500 shall be imposed in
addition to any other criminal or administrative sanction.
If at the time of the third violation, the defendant was
transporting a person under the age of 16, a mandatory fine
of $25,000 and 25 days of community service in a program
benefiting children shall be imposed in addition to any
other criminal or administrative sanction.

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(C) A fourth violation of this Section or a similar
provision is a Class 2 felony, for which a sentence of
probation or conditional discharge may not be imposed. If
at the time of the violation, the alcohol concentration in
the defendant's blood, breath, or urine was 0.16 or more
based on the definition of blood, breath, or urine units in
Section 11-501.2, a mandatory minimum fine of $5,000 shall
be imposed in addition to any other criminal or
administrative sanction. If at the time of the fourth
violation, the defendant was transporting a person under
the age of 16 a mandatory fine of $25,000 and 25 days of
community service in a program benefiting children shall be
imposed in addition to any other criminal or administrative
sanction.
(D) A fifth violation of this Section or a similar
provision is a Class 1 felony, for which a sentence of
probation or conditional discharge may not be imposed. If
at the time of the violation, the alcohol concentration in
the defendant's blood, breath, or urine was 0.16 or more
based on the definition of blood, breath, or urine units in
Section 11-501.2, a mandatory minimum fine of $5,000 shall
be imposed in addition to any other criminal or
administrative sanction. If at the time of the fifth
violation, the defendant was transporting a person under
the age of 16, a mandatory fine of $25,000, and 25 days of
community service in a program benefiting children shall be

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imposed in addition to any other criminal or administrative
sanction.
(E) A sixth or subsequent violation of this Section or
similar provision is a Class X felony. If at the time of
the violation, the alcohol concentration in the
defendant's blood, breath, or urine was 0.16 or more based
on the definition of blood, breath, or urine units in
Section 11-501.2, a mandatory minimum fine of $5,000 shall
be imposed in addition to any other criminal or
administrative sanction. If at the time of the violation,
the defendant was transporting a person under the age of
16, a mandatory fine of $25,000 and 25 days of community
service in a program benefiting children shall be imposed
in addition to any other criminal or administrative
sanction.
(F) For a violation of subparagraph (C) of paragraph
(1) of this subsection (d), the defendant, if sentenced to
a term of imprisonment, shall be sentenced to not less than
one year nor more than 12 years.
(G) A violation of subparagraph (F) of paragraph (1) of
this subsection (d) is a Class 2 felony, for which the
defendant, unless the court determines that extraordinary
circumstances exist and require probation, shall be
sentenced to: (i) a term of imprisonment of not less than 3
years and not more than 14 years if the violation resulted
in the death of one person; or (ii) a term of imprisonment

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of not less than 6 years and not more than 28 years if the
violation resulted in the deaths of 2 or more persons.
(H) For a violation of subparagraph (J) of paragraph
(1) of this subsection (d), a mandatory fine of $2,500, and
25 days of community service in a program benefiting
children shall be imposed in addition to any other criminal
or administrative sanction.
(I) A violation of subparagraph (K) of paragraph (1) of
this subsection (d), is a Class 2 felony and a mandatory
fine of $2,500, and 25 days of community service in a
program benefiting children shall be imposed in addition to
any other criminal or administrative sanction. If the child
being transported suffered bodily harm, but not great
bodily harm, in a motor vehicle accident, and the violation
was the proximate cause of that injury, a mandatory fine of
$5,000 and 25 days of community service in a program
benefiting children shall be imposed in addition to any
other criminal or administrative sanction.
(J) A violation of subparagraph (D) of paragraph (1) of
this subsection (d) is a Class 3 felony, for which a
sentence of probation or conditional discharge may not be
imposed.
(3) Any person sentenced under this subsection (d) who
receives a term of probation or conditional discharge must
serve a minimum term of either 480 hours of community
service or 10 days of imprisonment as a condition of the

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probation or conditional discharge in addition to any other
criminal or administrative sanction.
(e) Any reference to a prior violation of subsection (a) or
a similar provision includes any violation of a provision of a
local ordinance or a provision of a law of another state or an
offense committed on a military installation that is similar to
a violation of subsection (a) of this Section.
(f) The imposition of a mandatory term of imprisonment or
assignment of community service for a violation of this Section
shall not be suspended or reduced by the court.
(g) Any penalty imposed for driving with a license that has
been revoked for a previous violation of subsection (a) of this
Section shall be in addition to the penalty imposed for any
subsequent violation of subsection (a).
(h) For any prosecution under this Section, a certified
copy of the driving abstract of the defendant shall be admitted
as proof of any prior conviction.
(Source: P.A. 94-110, eff. 1-1-06; 94-113, eff. 1-1-06; 94-114,
eff. 1-1-06; 94-116, eff. 1-1-06; 94-329, eff. 1-1-06; 94-609,
eff. 1-1-06; 94-963, eff. 6-28-06; 95-149, eff. 8-14-07;
95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-578, eff. 6-1-08;
95-778, eff. 8-4-08; 95-876, eff. 8-21-08.)
(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

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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 acting under the
direction of a licensed physician, certified 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.

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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 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
physician, or 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

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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
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

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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
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

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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.
(Source: P.A. 90-43, eff. 7-2-97; 90-779, eff. 1-1-99; 91-828,
eff. 1-1-01.)
(625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)
Sec. 11-501.4. Admissibility of chemical tests of blood or
urine conducted in the regular course of providing emergency
medical treatment.
(a) Notwithstanding any other provision of law, the results
of blood or urine tests performed for the purpose of

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determining the content of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination
thereof, of an individual's blood or urine conducted upon
persons receiving medical treatment in a hospital emergency
room are admissible in evidence as a business record exception
to the hearsay rule only in prosecutions for any violation of
Section 11-501 of this Code or a similar provision of a local
ordinance, or in prosecutions for reckless homicide brought
under the Criminal Code of 1961, when each of the following
criteria are met:
(1) the chemical tests performed upon an individual's
blood or urine were ordered in the regular course of
providing emergency medical treatment and not at the
request of law enforcement authorities;
(2) the chemical tests performed upon an individual's
blood or urine were performed by the laboratory routinely
used by the hospital; and
(3) results of chemical tests performed upon an
individual's blood or urine are admissible into evidence
regardless of the time that the records were prepared.
(b) The confidentiality provisions of law pertaining to
medical records and medical treatment shall not be applicable
with regard to chemical tests performed upon an individual's
blood or urine under the provisions of this Section in
prosecutions as specified in subsection (a) of this Section. No
person shall be liable for civil damages as a result of the

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evidentiary use of chemical testing of an individual's blood or
urine test results under this Section, or as a result of that
person's testimony made available under this Section.
(Source: P.A. 90-779, eff. 1-1-99.)
Section 10. The Snowmobile Registration and Safety Act is
amended by changing Section 5-7.4 as follows:
(625 ILCS 40/5-7.4)
Sec. 5-7.4. Admissibility of chemical tests of blood or
urine conducted in the regular course of providing emergency
medical treatment.
(a) Notwithstanding any other provision of law, the results
of blood or urine tests performed for the purpose of
determining the content of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination of them
in an individual's blood or urine conducted upon persons
receiving medical treatment in a hospital emergency room, are
admissible in evidence as a business record exception to the
hearsay rule only in prosecutions for a violation of Section
5-7 of this Act or a similar provision of a local ordinance or
in prosecutions for reckless homicide brought under the
Criminal Code of 1961.
The results of the tests are admissible only when each of
the following criteria are met:
1. The chemical tests performed upon an individual's

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blood or urine were ordered in the regular course of
providing emergency treatment and not at the request of law
enforcement authorities; and
2. The chemical tests performed upon an individual's
blood or urine were performed by the laboratory routinely
used by the hospital.
3. (Blank).
Results of chemical tests performed upon an individual's
blood or urine are admissible into evidence regardless of the
time that the records were prepared.
(b) The confidentiality provisions of law pertaining to
medical records and medical treatment are not applicable with
regard to chemical tests performed upon a person's blood or
urine under the provisions of this Section in prosecutions as
specified in subsection (a) of this Section. No person shall be
liable for civil damages as a result of the evidentiary use of
the results of chemical testing of the individual's blood or
urine under this Section or as a result of that person's
testimony made available under this Section.
(Source: P.A. 93-156, eff. 1-1-04.)
Section 15. The Boat Registration and Safety Act is amended
by changing Section 5-16a as follows:
(625 ILCS 45/5-16a) (from Ch. 95 1/2, par. 315-11a)
Sec. 5-16a. Admissibility of chemical tests of blood or

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urine conducted in the regular course of providing emergency
medical treatment.
(a) Notwithstanding any other provision of law, the written
results of blood or urine alcohol tests conducted upon persons
receiving medical treatment in a hospital emergency room are
admissible in evidence as a business record exception to the
hearsay rule only in prosecutions for any violation of Section
5-16 of this Act or a similar provision of a local ordinance or
in prosecutions for reckless homicide brought under the
Criminal Code of 1961, when:
(1) the chemical tests performed upon an individual's
blood or urine were ordered in the regular course of
providing emergency treatment and not at the request of law
enforcement authorities; and
(2) the chemical tests performed upon an individual's
blood or urine were performed by the laboratory routinely
used by the hospital.
Results of chemical tests performed upon an individual's
blood or urine are admissible into evidence regardless of the
time that the records were prepared.
(b) The confidentiality provisions of law pertaining to
medical records and medical treatment shall not be applicable
with regard to chemical tests performed upon an individual's
blood or urine under the provisions of this Section in
prosecutions as specified in subsection (a) of this Section. No
person shall be liable for civil damages as a result of the

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evidentiary use of the results of chemical testing of an
individual's blood or urine under this Section or as a result
of that person's testimony made available under this Section.
(Source: P.A. 93-156, eff. 1-1-04.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance
625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
625 ILCS 5/11-501.2 from Ch. 95 1/2, par. 11-501.2
625 ILCS 5/11-501.4 from Ch. 95 1/2, par. 11-501.4
625 ILCS 40/5-7.4
625 ILCS 45/5-16a