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| [ Senate Amendment 002 ] |
91_SB1626
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 results of this preliminary
16 breath screening test may be used by the law enforcement
17 officer for the purpose of assisting with the determination
18 of whether to require a chemical test as authorized under
19 Sections 11-501.1 and 11-501.2, and the appropriate type of
20 test to request. Any chemical test authorized under Sections
21 11-501.1 and 11-501.2 may be requested by the officer
22 regardless of the result of the preliminary breath screening
23 test, if probable cause for an arrest exists. The result of
24 a preliminary breath screening test may be used by the
25 defendant as evidence in any administrative or court
26 proceeding involving a violation of Section 11-501 or
27 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)
-2- SRS91S0075AKcb
1 as a non-invasive technique to detect and measure possible
2 impairment of any person who drives or in actual physical
3 control of a motor vehicle resulting from the suspected usage
4 of alcohol, other drug or drugs, intoxicating compound or
5 compounds or any combination thereof. This technology shall
6 also be used to detect fatigue levels of the operator of a
7 Commercial Motor Vehicle as defined in Section 6-500(6),
8 pursuant to Section 18b-105 (Part 395-Hours of Service of
9 Drivers) of the Illinois Vehicle Code.
10 If a law enforcement officer has reasonable suspicion to
11 believe that a person is violating or has violated Section
12 11-501, the officer shall use the pupillometer technology,
13 when available. The officer, prior to an arrest, may request
14 the person to have his or her eyes examined or tested with a
15 pupillometer device. The results of this examination or test
16 may be used by the officer for the purpose of assisting with
17 the determination of whether to require a chemical test as
18 authorized under Sections 11-501.1 and 11-501.2 and the
19 appropriate type of test to request. Any chemical test
20 authorized under Sections 1-501.1 and 11-501.2 may be
21 requested by the officer regardless of the result of the
22 pupillometer examination or test, if probable cause for an
23 arrest exists. The result of the examination or test may be
24 used by the defendant as evidence in any administrative or
25 court proceeding involving a violation of 11-501 or 11-501.1.
26 The pilot program shall last for a period of 18 months
27 and involve the testing of 15 pupillometer devices. Within
28 90 days of the completion of the pilot project, the
29 Department of State Police shall file a report with the
30 President of the Senate and Speaker of the House evaluating
31 the project.
-3- SRS91S0075AKcb
1 Section 99. Effective date. The Act takes effect upon
2 becoming law. (Source: P.A. 88-169.)