Sen. Julie A. Morrison
Filed: 4/10/2013
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| 1 | AMENDMENT TO SENATE BILL 1479
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 1479 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
| ||||||
| 4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
| 5 | changing Section 6-208.1 as follows:
| ||||||
| 6 | (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) | ||||||
| 7 | (Text of Section from P.A. 96-1526) | ||||||
| 8 | Sec. 6-208.1. Period of statutory summary alcohol, other | ||||||
| 9 | drug,
or intoxicating compound related suspension. | ||||||
| 10 | (a) Unless the statutory summary suspension has been | ||||||
| 11 | rescinded, any
person whose privilege to drive a motor vehicle | ||||||
| 12 | on the public highways has
been summarily suspended, pursuant | ||||||
| 13 | to Section 11-501.1 of this Code or Section 5-16c of the Boat | ||||||
| 14 | Registration and Safety Act, shall not be
eligible for | ||||||
| 15 | restoration of the privilege until the expiration of: | ||||||
| 16 | 1. Twelve months from the effective date of the | ||||||
| |||||||
| |||||||
| 1 | statutory summary suspension
for a refusal or failure to | ||||||
| 2 | complete a test or tests to determine the
alcohol, drug, or | ||||||
| 3 | intoxicating compound concentration, pursuant
to
Section | ||||||
| 4 | 11-501.1 of this Code or Section 5-16c of the Boat | ||||||
| 5 | Registration and Safety Act; or | ||||||
| 6 | 2. Six months from the effective date of the statutory | ||||||
| 7 | summary
suspension imposed following the person's | ||||||
| 8 | submission to a chemical test
which disclosed an alcohol | ||||||
| 9 | concentration of 0.08 or more, or any
amount
of a
drug, | ||||||
| 10 | substance, or intoxicating compound in such person's
| ||||||
| 11 | breath, blood, or
urine resulting
from the unlawful use or | ||||||
| 12 | consumption of cannabis listed in the Cannabis
Control Act, | ||||||
| 13 | a controlled substance listed in the Illinois
Controlled
| ||||||
| 14 | Substances Act, an intoxicating compound listed in the Use | ||||||
| 15 | of Intoxicating
Compounds Act, or methamphetamine as | ||||||
| 16 | listed in the Methamphetamine Control and Community | ||||||
| 17 | Protection Act, pursuant to Section 11-501.1 of this Code | ||||||
| 18 | or Section 5-16c of the Boat Registration and Safety Act; | ||||||
| 19 | or | ||||||
| 20 | 3. Three years from the effective date of the statutory | ||||||
| 21 | summary suspension
for any person other than a first | ||||||
| 22 | offender who refuses or fails to
complete a test or tests | ||||||
| 23 | to determine the alcohol, drug, or
intoxicating
compound | ||||||
| 24 | concentration
pursuant to Section 11-501.1 of this Code or | ||||||
| 25 | Section 5-16c of the Boat Registration and Safety Act; or | ||||||
| 26 | 4. One year from the effective date of the summary | ||||||
| |||||||
| |||||||
| 1 | suspension imposed
for any person other than a first | ||||||
| 2 | offender following submission to a
chemical test which | ||||||
| 3 | disclosed an alcohol concentration of 0.08 or
more
pursuant | ||||||
| 4 | to Section 11-501.1 of this Code or Section 5-16c of the | ||||||
| 5 | Boat Registration and Safety Act or any amount of a drug, | ||||||
| 6 | substance or
compound in such person's blood or urine | ||||||
| 7 | resulting from the unlawful use or
consumption of cannabis | ||||||
| 8 | listed in the Cannabis Control Act, a
controlled
substance | ||||||
| 9 | listed in the Illinois Controlled Substances Act, an
| ||||||
| 10 | intoxicating
compound listed in the Use of Intoxicating | ||||||
| 11 | Compounds Act, or methamphetamine as listed in the | ||||||
| 12 | Methamphetamine Control and Community Protection Act. | ||||||
| 13 | (b) Following a statutory summary suspension of the | ||||||
| 14 | privilege to drive a
motor vehicle under Section 11-501.1 of | ||||||
| 15 | this Code or Section 5-16c of the Boat Registration and Safety | ||||||
| 16 | Act, driving privileges shall be
restored unless the person is | ||||||
| 17 | otherwise suspended, revoked, or cancelled by this Code. If
the | ||||||
| 18 | court has reason to believe that the person's
driving privilege | ||||||
| 19 | should not be restored, the court shall notify
the Secretary of | ||||||
| 20 | State prior to the expiration of the statutory summary
| ||||||
| 21 | suspension so appropriate action may be taken pursuant to this | ||||||
| 22 | Code. | ||||||
| 23 | (c) Driving privileges may not be restored until all | ||||||
| 24 | applicable
reinstatement fees, as provided by this Code, have | ||||||
| 25 | been paid to the Secretary
of State and the appropriate entry | ||||||
| 26 | made to the driver's record. | ||||||
| |||||||
| |||||||
| 1 | (d) Where a driving privilege has been summarily suspended | ||||||
| 2 | under Section
11-501.1 of this Code or Section 5-16c of the | ||||||
| 3 | Boat Registration and Safety Act and the person is subsequently | ||||||
| 4 | convicted of violating Section
11-501 of this Code or Section | ||||||
| 5 | 5-16 of the Boat Registration and Safety Act, or a similar | ||||||
| 6 | provision of a local ordinance, for the same incident,
any | ||||||
| 7 | period served on statutory summary suspension shall be credited | ||||||
| 8 | toward
the minimum period of revocation of driving privileges | ||||||
| 9 | imposed pursuant to
Section 6-205. | ||||||
| 10 | (e) (Blank). | ||||||
| 11 | (f) (Blank). | ||||||
| 12 | (g) Following a statutory summary suspension of driving | ||||||
| 13 | privileges
pursuant to Section 11-501.1 of this Code or Section | ||||||
| 14 | 5-16c of the Boat Registration and Safety Act where the person | ||||||
| 15 | was not a first offender, as
defined in Section 11-500, the | ||||||
| 16 | Secretary of State may not issue a
restricted driving permit. | ||||||
| 17 | (h) (Blank). | ||||||
| 18 | (Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876, | ||||||
| 19 | eff. 8-21-08; 96-1526, eff. 2-14-11.)
| ||||||
| 20 | (Text of Section from P.A. 96-1344 and 97-229) | ||||||
| 21 | Sec. 6-208.1. Period of statutory summary alcohol, other | ||||||
| 22 | drug,
or intoxicating compound related suspension or | ||||||
| 23 | revocation. | ||||||
| 24 | (a) Unless the statutory summary suspension has been | ||||||
| 25 | rescinded, any
person whose privilege to drive a motor vehicle | ||||||
| |||||||
| |||||||
| 1 | on the public highways has
been summarily suspended, pursuant | ||||||
| 2 | to Section 11-501.1 of this Code or Section 5-16c of the Boat | ||||||
| 3 | Registration and Safety Act, shall not be
eligible for | ||||||
| 4 | restoration of the privilege until the expiration of: | ||||||
| 5 | 1. Twelve months from the effective date of the | ||||||
| 6 | statutory summary suspension
for a refusal or failure to | ||||||
| 7 | complete a test or tests to determine the
alcohol, drug, or | ||||||
| 8 | intoxicating compound concentration, pursuant
to
Section | ||||||
| 9 | 11-501.1 of this Code or Section 5-16c of the Boat | ||||||
| 10 | Registration and Safety Act, if the person was not involved | ||||||
| 11 | in a motor vehicle crash that caused personal injury or | ||||||
| 12 | death to another; or | ||||||
| 13 | 2. Six months from the effective date of the statutory | ||||||
| 14 | summary
suspension imposed following the person's | ||||||
| 15 | submission to a chemical test
which disclosed an alcohol | ||||||
| 16 | concentration of 0.08 or more, or any
amount
of a
drug, | ||||||
| 17 | substance, or intoxicating compound in such person's
| ||||||
| 18 | breath, blood, or
urine resulting
from the unlawful use or | ||||||
| 19 | consumption of cannabis listed in the Cannabis
Control Act, | ||||||
| 20 | a controlled substance listed in the Illinois
Controlled
| ||||||
| 21 | Substances Act, an intoxicating compound listed in the Use | ||||||
| 22 | of Intoxicating
Compounds Act, or methamphetamine as | ||||||
| 23 | listed in the Methamphetamine Control and Community | ||||||
| 24 | Protection Act, pursuant to Section 11-501.1 of this Code | ||||||
| 25 | or Section 5-16c of the Boat Registration and Safety Act; | ||||||
| 26 | or | ||||||
| |||||||
| |||||||
| 1 | 3. Three years from the effective date of the statutory | ||||||
| 2 | summary suspension
for any person other than a first | ||||||
| 3 | offender who refuses or fails to
complete a test or tests | ||||||
| 4 | to determine the alcohol, drug, or
intoxicating
compound | ||||||
| 5 | concentration
pursuant to Section 11-501.1 of this Code or | ||||||
| 6 | Section 5-16c of the Boat Registration and Safety Act; or | ||||||
| 7 | 4. One year from the effective date of the summary | ||||||
| 8 | suspension imposed
for any person other than a first | ||||||
| 9 | offender following submission to a
chemical test which | ||||||
| 10 | disclosed an alcohol concentration of 0.08 or
more
pursuant | ||||||
| 11 | to Section 11-501.1 of this Code or Section 5-16c of the | ||||||
| 12 | Boat Registration and Safety Act or any amount of a drug, | ||||||
| 13 | substance or
compound in such person's blood or urine | ||||||
| 14 | resulting from the unlawful use or
consumption of cannabis | ||||||
| 15 | listed in the Cannabis Control Act, a
controlled
substance | ||||||
| 16 | listed in the Illinois Controlled Substances Act, an
| ||||||
| 17 | intoxicating
compound listed in the Use of Intoxicating | ||||||
| 18 | Compounds Act, or methamphetamine as listed in the | ||||||
| 19 | Methamphetamine Control and Community Protection Act. | ||||||
| 20 | (a-1) Unless the statutory summary revocation has been | ||||||
| 21 | rescinded, any person whose privilege to drive has been | ||||||
| 22 | summarily revoked pursuant to Section 11-501.1 of this Code or | ||||||
| 23 | Section 5-16c of the Boat Registration and Safety Act may not | ||||||
| 24 | make application for a license or permit until the expiration | ||||||
| 25 | of one year from the effective date of the summary revocation. | ||||||
| 26 | (b) Following a statutory summary suspension of the | ||||||
| |||||||
| |||||||
| 1 | privilege to drive a
motor vehicle under Section 11-501.1 of | ||||||
| 2 | this Code or Section 5-16c of the Boat Registration and Safety | ||||||
| 3 | Act, driving privileges shall be
restored unless the person is | ||||||
| 4 | otherwise suspended, revoked, or cancelled by this Code. If
the | ||||||
| 5 | court has reason to believe that the person's
driving privilege | ||||||
| 6 | should not be restored, the court shall notify
the Secretary of | ||||||
| 7 | State prior to the expiration of the statutory summary
| ||||||
| 8 | suspension so appropriate action may be taken pursuant to this | ||||||
| 9 | Code. | ||||||
| 10 | (c) Driving privileges may not be restored until all | ||||||
| 11 | applicable
reinstatement fees, as provided by this Code, have | ||||||
| 12 | been paid to the Secretary
of State and the appropriate entry | ||||||
| 13 | made to the driver's record. | ||||||
| 14 | (d) Where a driving privilege has been summarily suspended | ||||||
| 15 | or revoked under Section
11-501.1 of this Code or Section 5-16c | ||||||
| 16 | of the Boat Registration and Safety Act and the person is | ||||||
| 17 | subsequently convicted of violating Section
11-501 of this Code | ||||||
| 18 | or Section 5-16 of the Boat Registration and Safety Act, or a | ||||||
| 19 | similar provision of a local ordinance, for the same incident,
| ||||||
| 20 | any period served on statutory summary suspension or revocation | ||||||
| 21 | shall be credited toward
the minimum period of revocation of | ||||||
| 22 | driving privileges imposed pursuant to
Section 6-205. | ||||||
| 23 | (e) Following a statutory summary suspension of driving | ||||||
| 24 | privileges
pursuant to Section 11-501.1 of this Code or Section | ||||||
| 25 | 5-16c of the Boat Registration and Safety Act, for a first | ||||||
| 26 | offender, the circuit court shall, unless the offender has | ||||||
| |||||||
| |||||||
| 1 | opted in writing not to have a monitoring device driving permit | ||||||
| 2 | issued, order the Secretary of State to issue a monitoring | ||||||
| 3 | device driving permit as provided in Section 6-206.1. A | ||||||
| 4 | monitoring device driving permit shall not be effective prior | ||||||
| 5 | to the 31st day of the statutory summary suspension. A first | ||||||
| 6 | offender who refused chemical testing and whose driving | ||||||
| 7 | privileges were summarily revoked pursuant to Section 11-501.1 | ||||||
| 8 | of this Code or Section 5-16c of the Boat Registration and | ||||||
| 9 | Safety Act shall not be eligible for a monitoring device | ||||||
| 10 | driving permit, but may make application for reinstatement or | ||||||
| 11 | for a restricted driving permit after a period of one year has | ||||||
| 12 | elapsed from the effective date of the revocation. | ||||||
| 13 | (f) (Blank). | ||||||
| 14 | (g) Following a statutory summary suspension of driving | ||||||
| 15 | privileges
pursuant to Section 11-501.1 of this Code or Section | ||||||
| 16 | 5-16c of the Boat Registration and Safety Act where the person | ||||||
| 17 | was not a first offender, as
defined in Section 11-500, the | ||||||
| 18 | Secretary of State may not issue a
restricted driving permit. | ||||||
| 19 | (h) (Blank). | ||||||
| 20 | (Source: P.A. 96-1344, eff. 7-1-11; 97-229, eff. 7-28-11.)
| ||||||
| 21 | Section 10. The Boat Registration and Safety Act is amended | ||||||
| 22 | by adding Section 5-16c as follows:
| ||||||
| 23 | (625 ILCS 45/5-16c new) | ||||||
| 24 | Sec. 5-16c. Operator involvement in personal injury or | ||||||
| |||||||
| |||||||
| 1 | fatal boating accident; chemical tests. | ||||||
| 2 | (a) Any person who operates or is in actual physical | ||||||
| 3 | control of a watercraft within this State and who has been | ||||||
| 4 | involved in a personal injury or fatal boating accident, shall | ||||||
| 5 | be deemed to have given consent to a breath test using a | ||||||
| 6 | portable device as approved by the Department of State Police | ||||||
| 7 | or to a chemical test or tests of blood, breath, or urine for | ||||||
| 8 | the purpose of determining the content of alcohol, other drug | ||||||
| 9 | or drugs, or intoxicating compound or compounds of the person's | ||||||
| 10 | blood if arrested as evidenced by the issuance of a uniform | ||||||
| 11 | citation for a violation of the Boat Registration and Safety | ||||||
| 12 | Act or a similar provision of a local ordinance, with the | ||||||
| 13 | exception of equipment violations contained in Article IV of | ||||||
| 14 | this Act, or similar provisions of local ordinances. The test | ||||||
| 15 | or tests shall be administered at the direction of the | ||||||
| 16 | arresting officer. The law enforcement agency employing the | ||||||
| 17 | officer shall designate which of the aforesaid tests shall be | ||||||
| 18 | administered. A urine test may be administered even after a | ||||||
| 19 | blood or breath test or both has been administered. Compliance | ||||||
| 20 | with this Section does not relieve the person from the | ||||||
| 21 | requirements of any other Section of this Act. | ||||||
| 22 | (b) Any person who is dead, unconscious, or who is | ||||||
| 23 | otherwise in a
condition rendering that person incapable of | ||||||
| 24 | refusal shall be deemed not to
have withdrawn the consent | ||||||
| 25 | provided by subsection (a) of this Section. In
addition, if an | ||||||
| 26 | operator of a watercraft is receiving medical treatment as a
| ||||||
| |||||||
| |||||||
| 1 | result of a boating accident, any physician licensed to | ||||||
| 2 | practice
medicine, licensed physician assistant, licensed | ||||||
| 3 | advanced practice nurse, registered nurse, or a phlebotomist | ||||||
| 4 | acting under the direction of
a licensed physician shall | ||||||
| 5 | withdraw blood for testing purposes to ascertain
the presence | ||||||
| 6 | of alcohol, other drug or drugs, or intoxicating
compound or | ||||||
| 7 | compounds, upon the specific request of a law
enforcement | ||||||
| 8 | officer. However, this testing shall not be performed until, in
| ||||||
| 9 | the opinion of the medical personnel on scene, the withdrawal | ||||||
| 10 | can be made
without interfering with or endangering the | ||||||
| 11 | well-being of the patient. | ||||||
| 12 | (c) A person requested to submit to a test under subsection | ||||||
| 13 | (a) of this Section shall be
warned by the law enforcement | ||||||
| 14 | officer requesting the test that a refusal to
submit to the | ||||||
| 15 | test, or submission to the test resulting in an alcohol
| ||||||
| 16 | concentration of 0.08 or more, or any amount of a drug, | ||||||
| 17 | substance,
or intoxicating compound
resulting from the | ||||||
| 18 | unlawful use or consumption of cannabis, as covered by the
| ||||||
| 19 | Cannabis Control Act, a controlled substance listed in the | ||||||
| 20 | Illinois
Controlled Substances Act, an intoxicating compound | ||||||
| 21 | listed in the Use of
Intoxicating Compounds Act, or | ||||||
| 22 | methamphetamine as listed in the Methamphetamine Control and | ||||||
| 23 | Community Protection Act as detected in the person's blood or | ||||||
| 24 | urine, may
result in the suspension of the person's privilege | ||||||
| 25 | to operate a motor vehicle and may result in the | ||||||
| 26 | disqualification of the person's privilege to operate a | ||||||
| |||||||
| |||||||
| 1 | commercial motor vehicle, as provided in Section 6-514 of the | ||||||
| 2 | Illinois Vehicle Code, if the person is a CDL holder.
The | ||||||
| 3 | length of the suspension shall be the same as outlined in | ||||||
| 4 | Section
6-208.1 of the Illinois Vehicle Code regarding | ||||||
| 5 | statutory summary suspensions. | ||||||
| 6 | (d) If the person refuses testing or submits to a test | ||||||
| 7 | which discloses
an alcohol concentration of 0.08 or more, or | ||||||
| 8 | any amount of a drug,
substance,
or intoxicating compound in | ||||||
| 9 | the person's blood or urine resulting from the
unlawful use or
| ||||||
| 10 | consumption of cannabis listed in the Cannabis Control Act, a | ||||||
| 11 | controlled
substance listed in the Illinois Controlled | ||||||
| 12 | Substances Act, an
intoxicating
compound listed in the Use of | ||||||
| 13 | Intoxicating Compounds Act, or methamphetamine as listed in the | ||||||
| 14 | Methamphetamine Control and Community Protection Act, the law
| ||||||
| 15 | enforcement officer shall immediately submit a sworn report to | ||||||
| 16 | the Secretary of
State on a form prescribed by the Secretary of | ||||||
| 17 | State, certifying that the test or tests
were requested under | ||||||
| 18 | subsection (a) of this Section and the person refused to submit | ||||||
| 19 | to a
test or tests or submitted to testing which disclosed an | ||||||
| 20 | alcohol concentration
of 0.08 or more, or any amount of a drug, | ||||||
| 21 | substance, or intoxicating
compound
in the
person's blood or | ||||||
| 22 | urine, resulting from the unlawful use or consumption of
| ||||||
| 23 | cannabis listed in the Cannabis Control Act, a controlled | ||||||
| 24 | substance
listed in
the Illinois Controlled Substances Act,
an | ||||||
| 25 | intoxicating compound listed in
the Use of Intoxicating | ||||||
| 26 | Compounds Act, or methamphetamine as listed in the | ||||||
| |||||||
| |||||||
| 1 | Methamphetamine Control and Community Protection Act. | ||||||
| 2 | Upon receipt of the sworn report of a law enforcement | ||||||
| 3 | officer, the
Secretary of State shall enter the suspension and | ||||||
| 4 | disqualification to the person's driving record and the
| ||||||
| 5 | suspension and disqualification shall be effective on the 46th | ||||||
| 6 | day following the date notice of the
suspension was given to | ||||||
| 7 | the person. | ||||||
| 8 | The law enforcement officer submitting the sworn report | ||||||
| 9 | shall serve immediate
notice of this suspension on the person | ||||||
| 10 | and this suspension and disqualification shall be effective
on | ||||||
| 11 | the 46th day following the date notice was given. | ||||||
| 12 | In cases where the blood alcohol concentration of 0.08 or | ||||||
| 13 | more,
or any amount
of a drug, substance, or intoxicating | ||||||
| 14 | compound resulting from the unlawful
use or
consumption of | ||||||
| 15 | cannabis as listed in the Cannabis Control Act, a
controlled
| ||||||
| 16 | substance listed in the Illinois Controlled Substances Act,
an
| ||||||
| 17 | intoxicating
compound listed in the Use of Intoxicating | ||||||
| 18 | Compounds Act, or methamphetamine as listed in the | ||||||
| 19 | Methamphetamine Control and Community Protection Act, is | ||||||
| 20 | established by a
subsequent analysis of blood or urine | ||||||
| 21 | collected at the time of arrest, the
arresting officer shall | ||||||
| 22 | give notice as provided in this Section or by deposit
in the | ||||||
| 23 | United States mail of this notice in an envelope with postage | ||||||
| 24 | prepaid
and addressed to the person at his or her address as | ||||||
| 25 | shown on the uniform citation and the suspension and | ||||||
| 26 | disqualification shall be effective on the 46th day following | ||||||
| |||||||
| |||||||
| 1 | the date
notice was given. | ||||||
| 2 | Upon receipt of the sworn report of a law enforcement | ||||||
| 3 | officer, the Secretary of State
shall also give notice of the | ||||||
| 4 | suspension and disqualification to the person by mailing a | ||||||
| 5 | notice of
the effective date of the suspension and | ||||||
| 6 | disqualification to the person. However, should the
sworn | ||||||
| 7 | report be defective by not containing sufficient information or | ||||||
| 8 | be
completed in error, the notice of the suspension and | ||||||
| 9 | disqualification shall not be mailed to the
person or entered | ||||||
| 10 | to the driving record, but rather the sworn report shall be
| ||||||
| 11 | returned to the issuing law enforcement agency. | ||||||
| 12 | (e) A person may contest this suspension of his or her
| ||||||
| 13 | driving privileges and disqualification of his or her CDL | ||||||
| 14 | privileges by
requesting an administrative hearing with the | ||||||
| 15 | Secretary of State in accordance with
Section 2-118 of the | ||||||
| 16 | Illinois Vehicle Code. At the conclusion of a hearing held | ||||||
| 17 | under
Section 2-118 of the Illinois Vehicle Code, the Secretary | ||||||
| 18 | of State may rescind, continue, or modify the
orders
of | ||||||
| 19 | suspension and disqualification. If the Secretary of State does | ||||||
| 20 | not rescind the orders of suspension and disqualification, a | ||||||
| 21 | restricted
driving permit may be granted by the Secretary of | ||||||
| 22 | State upon application being made and
good cause shown. A | ||||||
| 23 | restricted driving permit may be granted to relieve undue
| ||||||
| 24 | hardship to allow driving for employment, educational, and | ||||||
| 25 | medical purposes as
outlined in Section 6-206 of the Illinois | ||||||
| 26 | Vehicle Code. The provisions of Section 6-206 of
the Illinois | ||||||
| |||||||
| |||||||
| 1 | Vehicle Code shall apply. In accordance with 49 C.F.R. 384, the | ||||||
| 2 | Secretary of State may not issue a restricted driving permit | ||||||
| 3 | for the operation of a commercial motor vehicle to a person | ||||||
| 4 | holding a CDL whose driving privileges have been suspended, | ||||||
| 5 | revoked, cancelled, or disqualified. | ||||||
| 6 | (f) For the purposes of this Section, a personal injury | ||||||
| 7 | shall include
any type A injury as indicated on the accident | ||||||
| 8 | report completed
by a law enforcement officer that requires | ||||||
| 9 | immediate professional attention
in a doctor's office or a | ||||||
| 10 | medical facility. A type A injury shall
include severely | ||||||
| 11 | bleeding wounds, distorted extremities, and injuries that
| ||||||
| 12 | require the injured party to be carried from the scene.".
| ||||||