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| [ Senate Amendment 001 ] |
91_SB1626sam002
LRB9113313DHksam
1 AMENDMENT TO SENATE BILL 1626
2 AMENDMENT NO. . Amend Senate Bill 1626, AS AMENDED,
3 as follows:
4 by replacing everything after the enacting clause with the
5 following:
6 "Section 5. The Illinois Vehicle Code is amended by
7 changing Section 11-501.5 as follows:
8 (625 ILCS 5/11-501.5) (from Ch. 95 1/2, par. 11-501.5)
9 Sec. 11-501.5. Preliminary Breath Screening Test. (a)
10 If a law enforcement officer has reasonable suspicion to
11 believe that a person is violating or has violated Section
12 11-501 or a similar provision of a local ordinance, the
13 officer, prior to an arrest, may request the person to
14 provide a sample of his or her breath for a preliminary
15 breath screening test using a portable device approved by the
16 Department of Public Health. The person may refuse the test.
17 The results of this preliminary breath screening test may be
18 used by the law enforcement officer for the purpose of
19 assisting with the determination of whether to require a
20 chemical test as authorized under Sections 11-501.1 and
21 11-501.2, and the appropriate type of test to request. Any
22 chemical test authorized under Sections 11-501.1 and 11-501.2
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1 may be requested by the officer regardless of the result of
2 the preliminary breath screening test, if probable cause for
3 an arrest exists. The result of a preliminary breath
4 screening test may be used by the defendant as evidence in
5 any administrative or court proceeding involving a violation
6 of Section 11-501 or 11-501.1.
7 (b) The Department of State Police shall create a pilot
8 program to establish the effectiveness of pupillometer
9 technology (the measurement of the pupil's reaction to light)
10 as a non-invasive technique to detect and measure possible
11 impairment of any person who drives or is in actual physical
12 control of a motor vehicle resulting from the suspected usage
13 of alcohol, other drug or drugs, intoxicating compound or
14 compounds or any combination thereof. This technology shall
15 also be used to detect fatigue levels of the operator of a
16 Commercial Motor Vehicle as defined in Section 6-500(6),
17 pursuant to Section 18b-105 (Part 395-Hours of Service of
18 Drivers) of the Illinois Vehicle Code. A State Police officer
19 may request that the operator of a commercial motor vehicle
20 have his or her eyes examined or tested with a pupillometer
21 device. The person may refuse the examination or test. The
22 State Police officer shall have the device readily available
23 to limit undue delays.
24 If a State Police officer has reasonable suspicion to
25 believe that a person is violating or has violated Section
26 11-501, the officer may use the pupillometer technology, when
27 available. The officer, prior to an arrest, may request the
28 person to have his or her eyes examined or tested with a
29 pupillometer device. The person may refuse the examination
30 or test. The results of this examination or test may be used
31 by the officer for the purpose of assisting with the
32 determination of whether to require a chemical test as
33 authorized under Sections 11-501.1 and 11-501.2 and the
34 appropriate type of test to request. Any chemical test
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1 authorized under Sections 11-501.1 and 11-501.2 may be
2 requested by the officer regardless of the result of the
3 pupillometer examination or test, if probable cause for an
4 arrest exists. The result of the examination or test may be
5 used by the defendant as evidence in any administrative or
6 court proceeding involving a violation of 11-501 or 11-501.1.
7 The pilot program shall last for a period of 18 months
8 and involve the testing of 15 pupillometer devices. Within
9 90 days of the completion of the pilot project, the
10 Department of State Police shall file a report with the
11 President of the Senate and Speaker of the House evaluating
12 the project.
13 (Source: P.A. 88-169.)
14 Section 99. Effective date. The Act takes effect upon
15 becoming law.".