[ Back ] [ Bottom ]
91_SB1626enr
SB1626 Enrolled SRS91S0075AKcb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 11-501.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 11-501.5 as follows:
7 (625 ILCS 5/11-501.5) (from Ch. 95 1/2, par. 11-501.5)
8 Sec. 11-501.5. Preliminary Breath Screening Test. (a)
9 If a law enforcement officer has reasonable suspicion to
10 believe that a person is violating or has violated Section
11 11-501 or a similar provision of a local ordinance, the
12 officer, prior to an arrest, may request the person to
13 provide a sample of his or her breath for a preliminary
14 breath screening test using a portable device approved by the
15 Department of Public Health. The person may refuse the test.
16 The results of this preliminary breath screening test may be
17 used by the law enforcement officer for the purpose of
18 assisting with the determination of whether to require a
19 chemical test as authorized under Sections 11-501.1 and
20 11-501.2, and the appropriate type of test to request. Any
21 chemical test authorized under Sections 11-501.1 and 11-501.2
22 may be requested by the officer regardless of the result of
23 the preliminary breath screening test, if probable cause for
24 an arrest exists. The result of a preliminary breath
25 screening test may be used by the defendant as evidence in
26 any administrative or court proceeding involving a violation
27 of Section 11-501 or 11-501.1.
28 (b) The Department of State Police shall create a pilot
29 program to establish the effectiveness of pupillometer
30 technology (the measurement of the pupil's reaction to light)
31 as a noninvasive technique to detect and measure possible
SB1626 Enrolled -2- SRS91S0075AKcb
1 impairment of any person who drives or is in actual physical
2 control of a motor vehicle resulting from the suspected usage
3 of alcohol, other drug or drugs, intoxicating compound or
4 compounds or any combination thereof. This technology shall
5 also be used to detect fatigue levels of the operator of a
6 Commercial Motor Vehicle as defined in Section 6-500(6),
7 pursuant to Section 18b-105 (Part 395-Hours of Service of
8 Drivers) of the Illinois Vehicle Code. A State Police officer
9 may request that the operator of a commercial motor vehicle
10 have his or her eyes examined or tested with a pupillometer
11 device. The person may refuse the examination or test. The
12 State Police officer shall have the device readily available
13 to limit undue delays.
14 If a State Police officer has reasonable suspicion to
15 believe that a person is violating or has violated Section
16 11-501, the officer may use the pupillometer technology, when
17 available. The officer, prior to an arrest, may request the
18 person to have his or her eyes examined or tested with a
19 pupillometer device. The person may refuse the examination
20 or test. The results of this examination or test may be used
21 by the officer for the purpose of assisting with the
22 determination of whether to require a chemical test as
23 authorized under Sections 11-501.1 and 11-501.2 and the
24 appropriate type of test to request. Any chemical test
25 authorized under Sections 11-501.1 and 11-501.2 may be
26 requested by the officer regardless of the result of the
27 pupillometer examination or test, if probable cause for an
28 arrest exists. The result of the examination or test may be
29 used by the defendant as evidence in any administrative or
30 court proceeding involving a violation of 11-501 or 11-501.1.
31 The pilot program shall last for a period of 18 months
32 and involve the testing of 15 pupillometer devices. Within
33 90 days of the completion of the pilot project, the
34 Department of State Police shall file a report with the
SB1626 Enrolled -3- SRS91S0075AKcb
1 President of the Senate and Speaker of the House evaluating
2 the project.
3 (Source: P.A. 88-169.)
4 Section 99. Effective date. The Act takes effect upon
5 becoming law.
[ Top ]