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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1889
Introduced 2/6/2025, by Sen. Julie A. Morrison
SYNOPSIS AS INTRODUCED:
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
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 another bodily substance, excluding urine, of 5
nanograms or more per milliliter in whole blood or 10 nanograms or more per
milliliter in another bodily substance, excluding urine (currently, this
provision does not specify whether the concentration is a free
concentration). Makes technical changes.
LRB104 08304 LNS 18355 b
A BILL FOR
SB1889
LRB104 08304 LNS 18355 b
1
AN ACT concerning transportation.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Illinois Vehicle Code is amended by
5
changing Sections 11-501 and 11-501.2 as follows:
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
SB1889
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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 another bodily substance, excluding urine
in
17
the person's whole blood or other bodily substance as
18
defined in paragraph 6 of subsection (a) of Section
19
11-501.2 of this Code
. Subject to all other requirements
20
and provisions under this Section, this paragraph (7) does
21
not apply to the lawful consumption of cannabis by a
22
qualifying patient licensed under the Compassionate Use of
23
Medical Cannabis Program Act who is in possession of a
24
valid registry card issued under that Act, unless that
25
person is impaired by the use of cannabis.
26
As used in this subsection (a), "free tetrahydrocannabinol
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1
concentration" means the amount of parent
2
delta-9-tetrahydrocannabinol detected in blood or another
3
bodily substance, excluding urine.
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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(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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(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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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
.)
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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(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 parent
18
delta-9-tetrahydrocannabinol detected in blood or another
19
bodily substance, excluding urine
either 5 nanograms or
20
more of delta-9-tetrahydrocannabinol per milliliter of
21
whole blood or 10 nanograms or more of
22
delta-9-tetrahydrocannabinol per milliliter of other
23
bodily substance
.
24
(a-5) Law enforcement officials may use validated roadside
25
chemical tests or standardized field sobriety tests approved
26
by the National Highway Traffic Safety Administration when
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1
conducting investigations of a violation of Section 11-501 or
2
similar local ordinance by drivers suspected of driving under
3
the influence of cannabis. The General Assembly finds that (i)
4
validated roadside chemical tests are effective means to
5
determine if a person is under the influence of cannabis and
6
(ii) standardized field sobriety tests approved by the
7
National Highway Traffic Safety Administration are divided
8
attention tasks that are intended to determine if a person is
9
under the influence of cannabis. The purpose of these tests is
10
to determine the effect of the use of cannabis on a person's
11
capacity to think and act with ordinary care and therefore
12
operate a motor vehicle safely. Therefore, the results of
13
these validated roadside chemical tests and standardized field
14
sobriety tests, appropriately administered, shall be
15
admissible in the trial of any civil or criminal action or
16
proceeding arising out of an arrest for a cannabis-related
17
offense as defined in Section 11-501 or a similar local
18
ordinance or proceedings under Section 2-118.1 or 2-118.2.
19
Where a test is made the following provisions shall apply:
20
1. The person tested may have a physician, or a
21
qualified technician, chemist, registered nurse, or other
22
qualified person of their own choosing administer a
23
chemical test or tests in addition to the standardized
24
field sobriety test or tests administered at the direction
25
of a law enforcement officer. The failure or inability to
26
obtain an additional test by a person does not preclude
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LRB104 08304 LNS 18355 b
1
the admission of evidence relating to the test or tests
2
taken at the direction of a law enforcement officer.
3
2. Upon the request of the person who shall submit to
4
validated roadside chemical tests or a standardized field
5
sobriety test or tests at the request of a law enforcement
6
officer, full information concerning the test or tests
7
shall be made available to the person or the person's
8
attorney.
9
3. At the trial of any civil or criminal action or
10
proceeding arising out of an arrest for an offense as
11
defined in Section 11-501 or a similar local ordinance or
12
proceedings under Section 2-118.1 or 2-118.2 in which the
13
results of these validated roadside chemical tests or
14
standardized field sobriety tests are admitted, the person
15
may present and the trier of fact may consider evidence
16
that the person lacked the physical capacity to perform
17
the validated roadside chemical tests or standardized
18
field sobriety tests.
19
(b) Upon the trial of any civil or criminal action or
20
proceeding arising out of acts alleged to have been committed
21
by any person while driving or in actual physical control of a
22
vehicle while under the influence of alcohol, the
23
concentration of alcohol in the person's blood or breath at
24
the time alleged as shown by analysis of the person's blood,
25
urine, breath, or other bodily substance shall give rise to
26
the following presumptions:
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1. If there was at that time an alcohol concentration
2
of 0.05 or less, it shall be presumed that the person was
3
not under the influence of alcohol.
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2. If there was at that time an alcohol concentration
5
in excess of 0.05 but less than 0.08, such facts shall not
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give rise to any presumption that the person was or was not
7
under the influence of alcohol, but such fact may be
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considered with other competent evidence in determining
9
whether the person was under the influence of alcohol.
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3. If there was at that time an alcohol concentration
11
of 0.08 or more, it shall be presumed that the person was
12
under the influence of alcohol.
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4. The foregoing provisions of this Section shall not
14
be construed as limiting the introduction of any other
15
relevant evidence bearing upon the question whether the
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person was under the influence of alcohol.
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(b-5) Upon the trial of any civil or criminal action or
18
proceeding arising out of acts alleged to have been committed
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by any person while driving or in actual physical control of a
20
vehicle while under the influence of alcohol, other drug or
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drugs, intoxicating compound or compounds or any combination
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thereof, the concentration of cannabis in the person's whole
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blood or other bodily substance at the time alleged as shown by
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analysis of the person's blood or other bodily substance shall
25
give rise to the following presumptions:
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1. If there was a
free
tetrahydrocannabinol
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concentration
, as defined in this Section,
of 5 nanograms
2
or more
per milliliter
in whole blood or 10 nanograms or
3
more
per milliliter
in
another
an other
bodily substance
,
4
excluding urine
as defined in this Section
, it shall be
5
presumed that the person was under the influence of
6
cannabis.
7
2. If there was at that time a
free
8
tetrahydrocannabinol concentration of less than 5
9
nanograms
per milliliter
in whole blood or less than 10
10
nanograms
per milliliter
in
another
an other
bodily
11
substance
, excluding urine
, such facts shall not give rise
12
to any presumption that the person was or was not under the
13
influence of cannabis, but such fact may be considered
14
with other competent evidence in determining whether the
15
person was under the influence of cannabis.
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(c) 1. If a person under arrest refuses to submit to a
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chemical test under the provisions of Section 11-501.1,
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evidence of refusal shall be admissible in any civil or
19
criminal action or proceeding arising out of acts alleged to
20
have been committed while the person under the influence of
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alcohol, other drug or drugs, or intoxicating compound or
22
compounds, or any combination thereof was driving or in actual
23
physical control of a motor vehicle.
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2. Notwithstanding any ability to refuse under this Code
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to submit to these tests or any ability to revoke the implied
26
consent to these tests, if a law enforcement officer has
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probable cause to believe that a motor vehicle driven by or in
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actual physical control of a person under the influence of
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alcohol, other drug or drugs, or intoxicating compound or
4
compounds, or any combination thereof has caused the death or
5
personal injury to another, the law enforcement officer shall
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request, and that person shall submit, upon the request of a
7
law enforcement officer, to a chemical test or tests of his or
8
her blood, breath, other bodily substance, or urine for the
9
purpose of determining the alcohol content thereof or the
10
presence of any other drug or combination of both.
11
This provision does not affect the applicability of or
12
imposition of driver's license sanctions under Section
13
11-501.1 of this Code.
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3. For purposes of this Section, a personal injury
15
includes any Type A injury as indicated on the traffic crash
16
report completed by a law enforcement officer that requires
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immediate professional attention in either a doctor's office
18
or a medical facility. A Type A injury includes severe
19
bleeding wounds, distorted extremities, and injuries that
20
require the injured party to be carried from the scene.
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(d) If a person refuses validated roadside chemical tests
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or standardized field sobriety tests under Section 11-501.9 of
23
this Code, evidence of refusal shall be admissible in any
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civil or criminal action or proceeding arising out of acts
25
committed while the person was driving or in actual physical
26
control of a vehicle and alleged to have been impaired by the
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use of cannabis.
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(e) Illinois State Police compliance with the changes in
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this amendatory Act of the 99th General Assembly concerning
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testing of other bodily substances and tetrahydrocannabinol
5
concentration by Illinois State Police laboratories is subject
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to appropriation and until the Illinois State Police adopt
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standards and completion validation. Any laboratories that
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test for the presence of cannabis or other drugs under this
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Article, the Snowmobile Registration and Safety Act, or the
10
Boat Registration and Safety Act must comply with ISO/IEC
11
17025:2005.
12
(Source: P.A. 101-27, eff. 6-25-19; 102-538, eff. 8-20-21;
13
102-982, eff. 7-1-23
.)
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