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O-94-01JKSORD.CMPA1122793 ORDINANCE NO. 0-9'4-01 AN ORDINANCE AMENDING ARTICLE 5 OF CHAPTER 22 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 Published in pamphlet form this 3rd day of January , 1994 by the President and Board of Trustees of Deerfield ORDINANCE NO. 0 -94 -01 AN ORDINANCE AMENDING ARTICLE 5 OF CHAPTER 22 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1915 NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION ONE: amended by deleting deleting the period in lieu thereof follows: That Section 22 -19(a) of Chapter 22 of the Municipal Code of the Village of Deerfield of 1975, as amended, be and is hereby further the word "or" at the end of Subsection 3, at the end of Subsection 4 and substituting Dr" and by adding a Subsection 5 to read as "(5) there is any amount of a drug; substance, or compound in the person's blood or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act (729 Illinois Compiled Statutes 550/1 et sea.) or a controlled substance listed in the Illinois Controlled Substances Act (720 Illinois Compiled Statutes 570/100 et see)." SECTION That Section 22 -19.1 of Chapter 22 of the TWO: Municipal Code of the Village of Deerfield of 1975, as amended, be and is hereby further amended by renaming the Section "Suspension of Driver's License- - Statutory Summary Alcohol or Other Drug Related Suspension- - Implied Consent" and by adding at the end of subsection (a) the following: "A urine test may be administered even after a blood or breath test or both has been administered. For purposes of this Section, an Illinois law enforcement officer of this State who is investigating the person for any offenses defined in Section 22 -19 may travel into an adjoining state, where the person has been transported for medical care, to complete an investigation and to request that the person submit to the test or tests set forth in this Section. The requirements of this Section that the person be arrested are inapplicable, but the officer shall issue the person a Uniform Traffic Ticket for an offense as defined in Section 22 -19 prior to requesting that the person submit to the - 1 - ORDINANCE NO. 0- 94-01 AN ORDINANCE AMENDING ARTICLE 5 OF CHAPTER 22 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 test or tests. The issuance of the Uniform Traffic Ticket shall not constitute an arrest, but shall be for the purpose of notifying the person that he or she is subject to the provisions of this Section and of the officer's belief of the existence of a probable cause to arrest. Upon returning to this State, the officer shall file the Uniform Traffic Ticket with the Circuit Clerk of the county where the offense was committed, and shall seek the issuance of an arrest warrant or a summons for the person." SECTION That Section 22 -19.1 of Chapter 22 of the THREE: Municipal Code of the Village of Deerfield of 1975, as amended, be and is hereby further amended by deleting Subsection (c) and by substituting in lieu thereof the following: "(c) A person requested to submit to a test as provided above shall be warned by the law enforcement officer requesting the test that a refusal to submit to the test will result in the statutory summary suspension of the person's privilege to operate a motor vehicle as provided in 625 Illinois Compiled Statutes 5/6- 208.1. The person shall also be warned by the law enforcement officer that if the person submits to the test or tests provided in paragraph (a) of this Section and the alcohol concentration in the person's blood or breath is 0.10 or greater, or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis as covered by the Cannabis Control Act (729 Illinois Compiled Statutes 550/1 et sea.) or a controlled substance listed in the Illinois Controlled Substances Act (720 Illinois Compiled Statutes 570/100 et sea.) is detected in the person's blood or urine, a statutory summary suspension of the person's privilege to operate a motor vehicle, as provided in 625 Illinois Compiled Statutes 5/6- 208.1 and this Section, will be imposed. - 2 - ORDINANCE NO. 0- 94-01 AN ORDINANCE AMENDING ARTICLE 5 OF CHAPTER 22 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 (d) If the person refuses testing or submits to a test that discloses an alcohol concentration of 0.10 or more, or any amount of a drug, substance, or compound in the person's blood or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act (729 Illinois Compiled Statutes 550/1 et sec.) or a controlled substance listed in the Illinois Controlled Substances Act (720 Illinois Compiled Statutes 570/100 et sew.), the law enforcement officer shall immediately submit a sworn report to the circuit court of venue and the Secretary of State, certifying that the test or tests was or were requested under subsection (a) of this Section and the person refused to submit to a test, or tests, or submitted to testing that disclosed an alcohol concentration of 0.10 or more. (e) Upon receipt of the sworn report of a law enforcement officer submitted under paragraph (d), the Secretary of State shall enter the statutory summary suspension for the periods specified in 625 Illinois Compiled Statutes 5/6- 208.1, and effective as provided in subsection (g) of this Section. If the person is a first offender as defined in Section 22 -19.4 of this Code, and is not convicted of a violation of section 22 -19 of this Code, then reports received by the Secretary of State under this Section shall, except during the actual time the statutory summary suspension is in effect, be privileged information and for use only by the courts, police officers, prosecuting authorities or the Secretary of State. (f) The law enforcement officer submitting the sworn report under subsection (d) of this Section shall serve immediate notice of the statutory summary suspension on the person and the suspension shall be effective as provided in subsection (g) of this Section. In cases where - 3 - ORDINANCE NO. 0- 94-01 AN ORDINANCE AMENDING ARTICLE 5 OF CHAPTER 22 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 the blood alcohol concentration of 0.10 or greater or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis as covered by the Cannabis Control Act or a controlled substance listed in the Illinois Controlled Substances Act is established by a subsequent analysis of blood or urine collected at the time of arrest, the arresting officer shall give notice as provided in this Section or by deposit in the United States mail of the notice in an envelope with postage prepaid and addressed to the person at his address as shown on the Uniform Traffic Ticket and the statutory summary suspension shall begin as provided in subsection (g) of this Section. The officer shall confiscate any Illinois driver's license or permit on the person at the time of arrest. If the person has a valid driver's license or permit, the officer shall issue the person a receipt, in a form prescribed by the Secretary of State, that will allow that person to drive during the periods provided for in subsection (g) of this Section. The officer shall immediately forward the driver's license or permit to the circuit court of venue along with the sworn report provided for in subsection (d) of this Section. (g) The statutory summary suspension referred to in this Section shall take effect on the 46th day following the date the notice of the statutory summary suspension was given to the person. (h) The following procedure shall apply whenever a person is arrested for any offense as defined in Section 22 -19. Upon receipt of the sworn report from the law enforcement officer, the Secretary of State shall confirm the statutory summary suspension by mailing a notice of the effective date of the suspension to the person and the court of venue. However, should the sworn report be defective by - 4 - ORDINANCE NO. 0 -94 -01 AN ORDINANCE AMENDING ARTICLE 5 OF CHAPTER 22 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 not containing sufficient information or be completed in error, the confirmation of the statutory summary suspension shall not be mailed to the person or entered to the record, instead the sworn report shall be forwarded to the court of venue with a copy returned to the issuing agency identifying any defect." SECTION That Section FOUR: the Municipal Deerfield of hereby further amended by adding following: 22 -19.2 (a) (1) of Chapter 22 of Code of the Village of 1975, as amended, be and is at the end of the Subsection the "The Director of the Department of Public Health in consultation with the Department 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 Illinois Department of Public Health shall prescribe regulations as necessary to implement this Section." SECTION That Section 22- 19.2(a)(2) of Chapter 22 of FIVE: the Municipal Code of the Village of Deerfield of 1975, as amended, be and is hereby further amended by adding at the end of the Section the following: "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, or a trained phlebotomist acting under the direction of the physician. The law enforcement office requesting the test shall take custody of the blood sample, and the blood sample shall be analyzed by a - 5 - ORDINANCE NO. 0 -94 -01 AN ORDINANCE AMENDING ARTICLE 5 OF CHAPTER 22 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 laboratory certified by the Department -of Public Health for that purpose." SECTION That Section 22- 19.2(b) and Section SIX: 22- 19.2(c), each of Chapter 22 of the Municipal Code of the Village of Deerfield of 1975, as amended, be and is hereby further amended by deleting said Subsections in their entirety. SECTION That Section 22 -19.3 of Chapter 22 of the SEVEN: Municipal Code of the Village of Deerfield of 1975, as amended, be and is hereby further amended by deleting the Section in its entirety and substituting in lieu thereof the following: "Sec. 22 -19.3. Penalty. (a) Except as provided under subsection (b) of this Section, every person who is convicted of a violation of Section 22 -19 shall be guilty of a Class A misdemeanor as provided in Chapter 720 of the Illinois Compiled Statutes and, in addition to any other criminal or administrative action, for any second conviction of violating Section 22 -19 committed within five (5) years of a previous violation of Section 22 -19 shall be mandatorily sentenced to a minimum of 48 consecutive hours of imprisonment or assigned to a minimum of 100 days of community service as may be determined by the court. Every person convicted of violating Section 22 -19 shall be subject to an additional mandatory minimum fine of $500 and an additional mandatory 5 days of community service in a program benefiting children if the person committed a violation of Section 22 -19(a) while transporting a person 16 years of age or younger. Every person convicted a second time for violating Section 22- 19 within 5 years of a previous violation of that Section 22 -19 shall be subject to an additional mandatory minimum fine of $500 and an additional 10 days of mandatory community service in a program benefiting children if the current offense was committed while transporting a person 16 years - 6 - ORDINANCE NO. 0 -94 -01 AN ORDINANCE AMENDING ARTICLE 5 OF CHAPTER 22 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 of age or younger. The imprisonment or assignment under this Section shall not be subject to suspension nor shall the person be eligible for probation in order to reduce the sentence or assignment. . (b) After a finding of guilt and prior to any final sentencing, or an order for supervision, for an offense based upon an arrest for a violation of Section 22 -19, individuals shall be required to undergo a professional evaluation to determine if an alcohol or other drug abuse problem exists and the extent of the problem. Programs conducting these evaluations shall be licensed by the Department of Alcoholism and Substance Abuse. The cost of any professional evaluation shall be paid for by the individual required to undergo the professional evaluation. (c) Every person found guilty of violating Section 22 -19, whose operation of a motor vehicle while in violation of Section 22 -19 proximately caused an incident resulting in an appropriate emergency response, shall be liable for the expense of an emergency response as provided in 730 Illinois Compiled Statutes 5/5 -5 -3. (d) The Secretary of State shall revoke the driving privileges of any person convicted under Section 22 -19." SECTION That Article 5 of Chapter 22 of the Municipal EIGHT: Code of the Village of Deerfield of 1975, as amended, be and is hereby further amended by adding the following new Sections: "Sec. 22 -19.4. Definitions. For the purposes of interpreting Article 5 of this Chapter, "first offender" shall mean any person who has not had a previous conviction or court assigned supervision for violating Section 22 -19, or a conviction or court assigned - 7 - ORDINANCE NO. 0-94-01 AN ORDINANCE AMENDING ARTICLE 5 OF CHAPTER 22 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 supervision in any other jurisdiction for a violation of driving while under the influence or a similar offense where the cause of action is the same or substantially similar to this Article 5 or any person who has not had a driver's license suspension for violating Section 22 -19.1 within 5 years prior to the date of the current offense, except in cases where the driver submitted to chemical testing resulting in an alcohol concentration of 0.10 or more, or any amount of a drug, substance, or compound in such person's blood or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act (729 Illinois Compiled Statutes 550/1 et sec.) or a controlled substance listed in the Illinois Controlled Substances Act (720 Illinois Compiled Statutes 570/100 et sec-.) and was subsequently found not guilty of violating Section 22 -19. Sec. 22 -19.5. Admissibility of written blood alcohol test results conducted in the regular course of providing emergency medical treatment. (a) Notwithstanding any other provision of law, the written results of blood alcohol tests conducted upon persons receiving medical treatment in a hospital emergency room are admissible in evidence of a business record exception to the hearsay rule only in prosecutions for any violation of Section 22 -19 of this Code, or in prosecutions for reckless homicide brought under 720 Illinois Compiled Statutes 5/1 -1 et sea when each of the following criteria are met: (1) the blood alcohol tests were ordered by a physician on duty at the hospital emergency room and were performed in the regular course of providing emergency medical treatment in order to assist the physician in diagnosis or treatment; ORDINANCE NO. 0 -94 -01 AN ORDINANCE AMENDING ARTICLE 5 OF CHAPTER 22 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 (2) the blood alcohol tests were performed by the hospital's own laboratory; and (3) the written results of the blood alcohol tests were received and considered by the physician on duty at the hospital emergency room to assist that physician in diagnosis or treatment. (b) The confidentiality provisions of law pertaining to medical records and medical treatment shall not be applicable with regard to blood alcohol tests performed 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 blood alcohol test results under this Section, or as a result of that person's testimony made available under this Section. Sec. 22 -19.6. Preliminary breath screen test. If a law enforcement officer has probable cause to believe that a person is violating or has violated Section 22 -19, the officer, prior to an arrest, may request the person to provide a sample of his or her breath for a preliminary breath screening test using a portable device approved by the Department of Public Health. The results of this preliminary breath screening test may be used by the law enforcement officer for the purpose of assisting with the determination of whether to require a chemical test as authorized under Sections 22 -19.1 and 22 -19.2 and the appropriate type of test to request. Any chemical test authorized under Sections 22 -19.1 and 22 -19.2 may be requested by the officer regardless of the result of the preliminary breath screening test, if probable cause for an arrest exists. The - 9 - ORDINANCE NO. 0 -94 -01 AN ORDINANCE AMENDING ARTICLE 5 OF CHAPTER 22 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 result of a preliminary breath screening test may be used by the defendant as evidence in any administrative or court proceeding involving a violation of Sections 22 -19 or 22 -19.1. Sec. 22 -19.7. Driver involvement in personal injury or fatal motor vehicle accident -- Chemical test. (a) Any person who drives or is in actual control of a motor vehicle upon the public highways of this State shall be deemed to have given consent to a breath test using a portable device as approved by the Department of Public Health or to a chemical test or tests of blood, breath, or urine for the purpose of determining the alcohol or other drug content of such person's blood if there is probable cause to believe that such person was the driver at fault, in whole or in part, for a motor vehicle accident which resulted in the death or personal injury of any person. Compliance with this Section does not relieve such person from the requirements of Section 22 -19.1 of this Code. (b) Any person who is dead, unconscious or who is otherwise in a condition rendering such person incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (a) of this Section. In addition, if a driver of a vehicle is receiving medical treatment as a result of a motor vehicle accident, any physician licensed to practice medicine, registered nurse or a phlebotomist acting under the direction of a licensed physician shall withdraw blood for testing purposes to ascertain the presence of alcohol or other drugs, upon the specific request of a law enforcement officer. However, no such testing shall be performed until, in the opinion of the medical personnel on scene, - 10 - ORDINANCE NO. 0-9.4-01 AN ORDINANCE AMENDING ARTICLE 5 OF CHAPTER 22 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 the withdrawal can be made without interfering with or endangering the well- being of the patient. (c) A person requested to submit to a test as provided above shall be warned by the law enforcement officer requesting the test that a refusal to submit to the test, or submission to the test resulting in an alcohol concentration of 0.10 or more may result in the suspension of such person's privilege to operate a motor vehicle. (d) If the person refuses testing or submits to a test which discloses an alcohol concentration of 0.10 or more, the law enforcement officer shall immediately submit a sworn report to the Secretary of State on a form prescribed by the Secretary, certifying that the test or tests were requested pursuant to subsection (a) and the person refused to submit to a test or tests or submitted to testing which disclosed an alcohol concentration of 0.10 or more. (e) The results of any test or tests administered pursuant to this Section, other than a test conducted with a portable device, may be used in any civil or criminal action. 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, - 11 - ORDINANCE NO. 0-9.4-01 AN ORDINANCE AMENDING ARTICLE 5 OF CHAPTER 22 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 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 0.10, such facts shall not give rise to any presumption that the person was or was not 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 0.10 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. (f) If a person refuses to submit to a chemical test under the provisions of this Section, evidence of refusal shall be admissible in any civil or criminal actin or proceeding arising out of acts alleged to have been committed while the person was driving or in actual physical control of a motor vehicle. (g) For the purposes of this Section, a personal injury shall include any injury that requires immediate professional attention in either a doctor's office or a medical facility. Sec. 22 -19.8. Youthful Intoxicated Drivers' Visitation Program. - 12 - ORDINANCE NO. 0 -94 -01 AN ORDINANCE AMENDING ARTICLE 5 OF CHAPTER 22 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 (a) As a condition of probation or discharge of a person convicted of a violation of Section 22 -19 of this Code, who was less than 21 years of age at the time of the offense, or a person adjudicated delinquent pursuant to 705 Illinois Compiled Statutes 405/1 -1 et sec.. for violation of Section 22 -19 of this Code, the Court may order the offender to participate in the Youthful Intoxicated Drivers' Visitation Program. The Program shall consist of a supervised visitation as provided by this Section by the person to at least one of the following, to the extent that personnel and facilities are available: (1) A State or private rehabilitation facility that cares for victims of motor vehicle accidents involving persons under the influence of alcohol. (2) A facility which cares for advanced alcoholics to observe persons in the terminal stages of alcoholism, under the supervision of appropriately licensed medical personnel. (3) If approved by the coroner of the county where the person resides, the county coroner's office or the county morgue to observe appropriate victims of motor vehicle accidents involving persons under the influence of alcohol, under the supervision of the coroner or deputy coroner. (b) The Program shall be operated by the appropriate probation authorities of the courts of the various circuits. The youthful offender ordered to participate in the Program shall bear all costs associated with participation in the Program. A parent or - 13 - ORDINANCE NO. 0- 94-01 AN ORDINANCE AMENDING ARTICLE 5 OF CHAPTER 22 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 guardian of the offender may assume the obligation of the offender to pay the costs of the Program. The court may waive the requirement that the offender pay the costs of participation in the Program upon a finding of indigence. (c) As used in this Section, "appropriate victims" means victims whose condition is determined by the visit supervisor to demonstrate the results of motor vehicle accidents involving persons under the influence of alcohol without being excessively gruesome or traumatic to the observer. (d) Any visitation shall include, before any observation of victims or disabled persons, a comprehensive counseling session with the visitation supervisor at which the supervisor shall explain and discuss the experiences which may be encountered during the visitation in order to ascertain whether the visitation is appropriate." SECTION That Section 22 -20 of Chapter 22 of the NINE: Municipal Code of the Village of Deerfield of 1975, as amended, be and is hereby further amended by deleting said Section in its entirety and substituting in lieu thereof the following: "Sec 22 -20. Transportation or possession of alcoholic liquor in a motor vehicle. (a) Except as provided in subsection (c), no driver may transport, carry,.possess or have any alcoholic liquor within the passenger area of any motor vehicle upon a highway in this State except in the original container and with the seal unbroken. (b) Except as provided in subsection (c), no passenger may carry, possess or have - 14 - ORDINANCE NO. 0- 9:4 -01 AN ORDINANCE AMENDING ARTICLE 5 OF CHAPTER 22 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 any alcoholic liquor within any passenger area of any motor vehicle upon a highway in this State except in the original container and the with seal unbroken. (c) This Section shall not apply to the passengers in a limousine when it is being used for purposes for which a limousine is ordinarily used, the passengers on a chartered bus when it is being used for purposes for which chartered buses are ordinarily used or on a motor home or mini motor home as defined in Chapter 625 of the Illinois Compiled Statutes. However, the driver of any such vehicle is prohibited from consuming or having any alcoholic liquor in or about the driver's area. Any evidence of alcoholic consumption by the driver shall be prima facie evidence of such driver's failure to obey this Section. For the purposes of this Section, a limousine is a motor vehicle of the first division with the passenger compartment enclosed by a partition or dividing window used in the for -hire transportation of passengers and operated by an individual in possession of a valid Illinois driver's license of the appropriate classification pursuant to Chapter 625 of the Illinois Compiled Statutes. (d) The exemption applicable to chartered buses under subsection (c) does not apply to any chartered bus being used for school purposes. (e) Any driver who is convicted of violating subsection (a) of this Section for a second or subsequent time within one year of a similar conviction shall be subject to suspension of driving privileges as provided in Chapter 625 of the Illinois Compiled Statutes." - 15 - ORDINANCE NO. 0-94-01 AN ORDINANCE AMENDING ARTICLE 5 OF CHAPTER 22 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 SECTION That the Village Clerk is hereby directed to TEN: publish this Ordinance in pamphlet form. SECTION That this Ordinance shall be in full force ELEVEN: and effect from and after its passage approval and publication as approved by law. AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0) ABSENT: None (0) PASSED this 3rd day of January A.D., 1993 APPROVED this 3rd day of January A.D., 1993 ATTEST: VILLAGE PRESIDENT - 16 -