Illinois 97th Regular Session Status: Passed House

HB 1307 — VEH CD-DUI TESTS BY PARAMEDICS

Last action — Session Sine Die

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 97th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

What changed in the latest version

24 added · 39 removed

Plain-language change summary

The revised version of Bill HB 1307 removes certified paramedics from the list of individuals authorized to draw blood for alcohol and drug testing under the Illinois Vehicle Code. This change is significant because it restricts the number of professionals who can perform this task, potentially impacting how quickly and effectively blood tests can be conducted in related situations. The goal may be to ensure that only highly trained medical personnel conduct these tests, thereby aiming for greater accuracy and reliability in the results.

→
Previous
Latest
*LRB09705237HEP45287b* HB1307 97TH GENERAL ASSEMBLY State of Illinois and 2012 HB1307 Introduced 02/09/11, by Rep.
HB1307 Engrossed LRB097 05237 HEP 45287 b AN ACT concerning transportation.
Donald L.
Moffitt SYNOPSIS AS INTRODUCED:
ILCS 5/11-501.2 from Ch.
95 1/2, par.
11-501.2 ILCS 5/11-501.8 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.
LRB097 05237 HEP 45287 b A BILL FOR HB1307 LRB097 05237 HEP 45287 b AN ACT concerning transportation.
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, certified HB1307 - 2 - LRB097 05237 HEP 45287 b paramedic, or other individual possessing a valid permit issued by that Department for this purpose.
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, certified HB1307 Engrossed - 2 - LRB097 05237 HEP 45287 b paramedic, or other individual possessing a valid permit issued by that Department for this purpose.
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 HB1307 - 3 - LRB097 05237 HEP 45287 b physician, or certified paramedic.
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 HB1307 Engrossed - 3 - LRB097 05237 HEP 45287 b physician, or certified paramedic.
(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 HB1307 - 4 - LRB097 05237 HEP 45287 b 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:
(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 HB1307 Engrossed - 4 - LRB097 05237 HEP 45287 b 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:
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 HB1307 - 5 - LRB097 05237 HEP 45287 b compounds, or any combination thereof was driving or in actual physical control of a motor vehicle.
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 HB1307 Engrossed - 5 - LRB097 05237 HEP 45287 b compounds, or any combination thereof was driving or in actual physical control of a motor vehicle.
8-11-09.) HB1307 - 6 - LRB097 05237 HEP 45287 b (625 ILCS 5/11-501.8) (Text of Section before amendment by P.A.
8-11-09.) HB1307 Engrossed - 6 - LRB097 05237 HEP 45287 b (625 ILCS 5/11-501.8) (Text of Section before amendment by P.A.
HB1307 - 7 - LRB097 05237 HEP 45287 b (i) Chemical analysis 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 an individual possessing a valid permit issued by that Department for this purpose.
HB1307 Engrossed - 7 - LRB097 05237 HEP 45287 b (i) Chemical analysis 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 an individual possessing a valid permit issued by that Department for this purpose.
(iii) The person tested may have a physician, qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer a chemical HB1307 - 8 - LRB097 05237 HEP 45287 b test or tests in addition to any test or tests administered at the direction of a law enforcement officer.
(iii) The person tested may have a physician, qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer a chemical HB1307 Engrossed - 8 - LRB097 05237 HEP 45287 b test or tests in addition to any test or tests administered at the direction of a law enforcement officer.
(c) A person requested to submit to a test as provided above shall be warned by the law enforcement officer requesting HB1307 - 9 - LRB097 05237 HEP 45287 b the test that a refusal to submit to the test, or submission to the test resulting in an alcohol concentration of more than 0.00, may result in the loss of that person's privilege to operate a motor vehicle and may 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.
(c) A person requested to submit to a test as provided above shall be warned by the law enforcement officer requesting HB1307 Engrossed - 9 - LRB097 05237 HEP 45287 b the test that a refusal to submit to the test, or submission to the test resulting in an alcohol concentration of more than 0.00, may result in the loss of that person's privilege to operate a motor vehicle and may 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.
If this suspension is the individual's first HB1307 - 10 - LRB097 05237 HEP 45287 b driver's license suspension under this Section, reports received by the Secretary of State under this Section shall, except during the time the suspension is in effect, be privileged information and for use only by the courts, police officers, prosecuting authorities, the Secretary of State, or the individual personally, 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.
If this suspension is the individual's first HB1307 Engrossed - 10 - LRB097 05237 HEP 45287 b driver's license suspension under this Section, reports received by the Secretary of State under this Section shall, except during the time the suspension is in effect, be privileged information and for use only by the courts, police officers, prosecuting authorities, the Secretary of State, or the individual personally, 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.
HB1307 - 11 - LRB097 05237 HEP 45287 b Upon receipt of the sworn report of a law enforcement officer, the Secretary of State shall also give notice of the suspension and disqualification to the driver by mailing a notice of the effective date of the suspension and disqualification to the individual.
HB1307 Engrossed - 11 - LRB097 05237 HEP 45287 b Upon receipt of the sworn report of a law enforcement officer, the Secretary of State shall also give notice of the suspension and disqualification to the driver by mailing a notice of the effective date of the suspension and disqualification to the individual.
(1) whether the police officer had probable cause to believe that the person was driving or in actual physical HB1307 - 12 - LRB097 05237 HEP 45287 b control of a motor vehicle upon the public highways of the State and the police officer had reason to believe that the person was in violation of any provision of the Illinois Vehicle Code or a similar provision of a local ordinance;
(1) whether the police officer had probable cause to believe that the person was driving or in actual physical HB1307 Engrossed - 12 - LRB097 05237 HEP 45287 b control of a motor vehicle upon the public highways of the State and the police officer had reason to believe that the person was in violation of any provision of the Illinois Vehicle Code or a similar provision of a local ordinance;
and HB1307 - 13 - LRB097 05237 HEP 45287 b (6) whether the test result of an alcohol concentration of more than 0.00 was based upon the person's consumption of alcohol in the performance of a religious service or ceremony;
and HB1307 Engrossed - 13 - LRB097 05237 HEP 45287 b (6) whether the test result of an alcohol concentration of more than 0.00 was based upon the person's consumption of alcohol in the performance of a religious service or ceremony;
(f) The results of any chemical testing performed in HB1307 - 14 - LRB097 05237 HEP 45287 b accordance with subsection (a) of this Section are not admissible in any civil or criminal proceeding, except that the results of the testing may be considered at a hearing held under Section 2-118 of this Code.
(f) The results of any chemical testing performed in HB1307 Engrossed - 14 - LRB097 05237 HEP 45287 b accordance with subsection (a) of this Section are not admissible in any civil or criminal proceeding, except that the results of the testing may be considered at a hearing held under Section 2-118 of this Code.
7-16-10.) HB1307 - 15 - LRB097 05237 HEP 45287 b (Text of Section after amendment by P.A.
7-16-10.) HB1307 Engrossed - 15 - LRB097 05237 HEP 45287 b (Text of Section after amendment by P.A.
HB1307 - 16 - LRB097 05237 HEP 45287 b (i) Chemical analysis 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 an individual possessing a valid permit issued by that Department for this purpose.
HB1307 Engrossed - 16 - LRB097 05237 HEP 45287 b (i) Chemical analysis 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 an individual possessing a valid permit issued by that Department for this purpose.
(iii) The person tested may have a physician, qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer a chemical HB1307 - 17 - LRB097 05237 HEP 45287 b test or tests in addition to any test or tests administered at the direction of a law enforcement officer.
(iii) The person tested may have a physician, qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer a chemical HB1307 Engrossed - 17 - LRB097 05237 HEP 45287 b test or tests in addition to any test or tests administered at the direction of a law enforcement officer.
(c) A person requested to submit to a test as provided above shall be warned by the law enforcement officer requesting HB1307 - 18 - LRB097 05237 HEP 45287 b the test that a refusal to submit to the test, or submission to the test resulting in an alcohol concentration of more than 0.00, may result in the loss of that person's privilege to operate a motor vehicle and may 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.
(c) A person requested to submit to a test as provided above shall be warned by the law enforcement officer requesting HB1307 Engrossed - 18 - LRB097 05237 HEP 45287 b the test that a refusal to submit to the test, or submission to the test resulting in an alcohol concentration of more than 0.00, may result in the loss of that person's privilege to operate a motor vehicle and may 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.
If this suspension is the individual's first HB1307 - 19 - LRB097 05237 HEP 45287 b driver's license suspension under this Section, reports received by the Secretary of State under this Section shall, except during the time the suspension is in effect, be privileged information and for use only by the courts, police officers, prosecuting authorities, the Secretary of State, or the individual personally, 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.
If this suspension is the individual's first HB1307 Engrossed - 19 - LRB097 05237 HEP 45287 b driver's license suspension under this Section, reports received by the Secretary of State under this Section shall, except during the time the suspension is in effect, be privileged information and for use only by the courts, police officers, prosecuting authorities, the Secretary of State, or the individual personally, 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.
HB1307 - 20 - LRB097 05237 HEP 45287 b Upon receipt of the sworn report of a law enforcement officer, the Secretary of State shall also give notice of the suspension and disqualification to the driver by mailing a notice of the effective date of the suspension and disqualification to the individual.
HB1307 Engrossed - 20 - LRB097 05237 HEP 45287 b Upon receipt of the sworn report of a law enforcement officer, the Secretary of State shall also give notice of the suspension and disqualification to the driver by mailing a notice of the effective date of the suspension and disqualification to the individual.
(1) whether the police officer had probable cause to believe that the person was driving or in actual physical HB1307 - 21 - LRB097 05237 HEP 45287 b control of a motor vehicle upon the public highways of the State and the police officer had reason to believe that the person was in violation of any provision of the Illinois Vehicle Code or a similar provision of a local ordinance;
(1) whether the police officer had probable cause to believe that the person was driving or in actual physical HB1307 Engrossed - 21 - LRB097 05237 HEP 45287 b control of a motor vehicle upon the public highways of the State and the police officer had reason to believe that the person was in violation of any provision of the Illinois Vehicle Code or a similar provision of a local ordinance;
and HB1307 - 22 - LRB097 05237 HEP 45287 b (6) whether the test result of an alcohol concentration of more than 0.00 was based upon the person's consumption of alcohol in the performance of a religious service or ceremony;
and HB1307 Engrossed - 22 - LRB097 05237 HEP 45287 b (6) whether the test result of an alcohol concentration of more than 0.00 was based upon the person's consumption of alcohol in the performance of a religious service or ceremony;
(f) The results of any chemical testing performed in HB1307 - 23 - LRB097 05237 HEP 45287 b accordance with subsection (a) of this Section are not admissible in any civil or criminal proceeding, except that the results of the testing may be considered at a hearing held under Section 2-118 of this Code.
(f) The results of any chemical testing performed in HB1307 Engrossed - 23 - LRB097 05237 HEP 45287 b accordance with subsection (a) of this Section are not admissible in any civil or criminal proceeding, except that the results of the testing may be considered at a hearing held under Section 2-118 of this Code.
revised 9-2-10.) HB1307 - 24 - LRB097 05237 HEP 45287 b Section 95.
revised 9-2-10.) HB1307 Engrossed - 24 - LRB097 05237 HEP 45287 b Section 95.
⬇ Download PDF
View plain text versions (2)

Action History

  1. Session Sine Die

  2. Rule 3-9(a) / Re-referred to Assignments

  3. Postponed - Criminal Law

  4. Held in Criminal Law

  5. Assigned to Criminal Law

  6. Referred to Assignments

  7. First Reading

  8. Added as Alternate Chief Co-Sponsor Sen. David Koehler

  9. Chief Senate Sponsor Sen. Darin M. LaHood

  10. Placed on Calendar Order of First Reading

  11. Arrive in Senate

  12. Third Reading - Short Debate - Passed 083-032-001

  13. Placed on Calendar Order of 3rd Reading - Short Debate

  14. Held on Calendar Order of Second Reading - Short Debate

  15. Recalled to Second Reading - Short Debate

  16. Placed on Calendar Order of 3rd Reading - Short Debate

  17. Second Reading - Short Debate

  18. Added Chief Co-Sponsor Rep. Lisa M. Dugan

  19. Placed on Calendar 2nd Reading - Short Debate

  20. Do Pass / Short Debate Transportation: Vehicles & Safety Committee; 004-002-000

  21. Assigned to Transportation: Vehicles & Safety Committee

  22. Referred to Rules Committee

  23. First Reading

  24. Filed with the Clerk by Rep. Donald L. Moffitt

Sponsors

  • Donald L. Moffitt · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on · 7 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • Donald L. Moffitt

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 83 Yea · 32 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 702603
Democrat 9400
Republican 4200
Total 833203
% of votes cast 70%27%0%3%
How each member voted (118)
Member Party Vote
Brauer — Nay
Brown — Nay
Burns — Yea
Connelly — Yea
McAsey — Nay
Holbrook — Yea
Jakobsson — Yea
Jefferson — Yea
Nekritz — Yea
Reitz — Yea
Lyons — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Lang — Yea
Leitch — Yea
McGuire — Yea
Madigan — Yea
McAuliffe — Yea
Bradley — Yea
McCarthy — Yea
Brady — Yea
Mell — Yea
Mitchell, Jerry — Yea
Burke, Daniel — Yea
Harris, David — Yea
Burke, Kelly — Yea
Harris, Greg — Yea
Mendoza — Yea
Sullivan — Yea
Moffitt — Yea
Hernandez — Yea
Osterman — Yea
Pihos — Yea
Howard — Yea
Senger — Yea
Soto — Yea
Watson — Yea
Thapedi — Yea
Williams — Yea
Jones — Yea
Turner — Yea
Verschoore — Yea
Davis, Monique — Yea
Winters — Yea
Yarbrough — Yea
Zalewski — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Cross — Yea
D'Amico — Yea
Eddy — Nay
Farnham — Nay
Flowers — Yea
Fortner — Yea
Franks — Nay
Golar — Yea
Hatcher — Yea
Jackson — Yea
Kosel — Yea
Mitchell, Bill — Nay
Morthland — Nay
Mulligan — Not Voting
Poe — Nay
Sommer — Nay
Tryon — Nay
Unes — Nay
Cavaletto — Nay
Currie — Nay
Gordon — Nay
Hays — Nay
Kay — Nay
Nybo — Nay
Osmond — Yea
Phelps — Yea
Pritchard — Nay
Ramey — Nay
Reboletti — Not Voting
Reis — Nay
Riley — Yea
Roth — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Sente — Nay
Acevedo — Yea
Arroyo — Yea
Barickman — Nay
Beaubien — Not Voting
Beiser — Yea
Bellock — Yea
Mathias — Nay
Berrios — Yea
Biss — Nay
Mautino — Yea
Bost — Yea
May — Yea
Chapa LaVia — Nay
Anthony DeLuca Democrat Yea
Bill Cunningham Democrat Yea
Camille Y. Lilly Democrat Yea
Fred Crespo Democrat Nay
Julie A. Morrison Democrat Nay
La Shawn K. Ford Democrat Yea
Michelle Mussman Democrat Nay
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Nay
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Jil Tracy Republican Nay
Joe C. Sosnowski Republican Yea
Norine K. Hammond Republican Nay
Wayne A. Rosenthal Republican Yea

Official roll call →

Subjects

public-safety healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 1307 do?
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.
Who sponsors HB 1307?
HB 1307 is sponsored by Donald L. Moffitt.
What is the current status of HB 1307?
This bill died with 97th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 1307?
Track HB 1307 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 1307

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 1307

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →