State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Enrolled ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]

91_SB1626eng

 
SB1626 Engrossed                               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 Engrossed            -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 Engrossed            -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 ]