State of Illinois
92nd General Assembly
Legislation

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92_HB6018

 
                                              LRB9214864DHgcA

 1        AN ACT in relation to vehicles.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing Sections 11-501, 11-501.2, 11-501.4, and 11-501.5 as
 6    follows:

 7        (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
 8        Sec.  11-501.   Driving  while  under  the  influence  of
 9    alcohol,  other  drug  or  drugs,  intoxicating  compound  or
10    compounds or any combination thereof.
11        (a)  A  person  shall  not drive or be in actual physical
12    control of any vehicle within this State while:
13             (1)  the alcohol concentration in the person's blood
14        or breath is 0.08 or more  based  on  the  definition  of
15        blood and breath units in Section 11-501.2;
16             (2)  under the influence of alcohol;
17             (3)  under   the   influence   of  any  intoxicating
18        compound or combination of intoxicating  compounds  to  a
19        degree  that  renders  the  person  incapable  of driving
20        safely;
21             (4)  under  the  influence  of  any  other  drug  or
22        combination of drugs to a degree that renders the  person
23        incapable of safely driving;
24             (5)  under  the combined influence of alcohol, other
25        drug or drugs, or intoxicating compound or compounds to a
26        degree  that  renders  the  person  incapable  of  safely
27        driving; or
28             (6)  there is any amount of a  drug,  substance,  or
29        compound   in   the  person's  breath,  blood,  or  urine
30        resulting  from  the  unlawful  use  or  consumption   of
31        cannabis listed in the Cannabis Control Act, a controlled
 
                            -2-               LRB9214864DHgcA
 1        substance  listed  in  the Illinois Controlled Substances
 2        Act, or an intoxicating compound listed  in  the  Use  of
 3        Intoxicating Compounds Act.
 4        (b)  The fact that any person charged with violating this
 5    Section is or has been legally entitled to use alcohol, other
 6    drug  or drugs, or intoxicating compound or compounds, or any
 7    combination thereof,  shall not constitute a defense  against
 8    any charge of violating this Section.
 9        (c)  Except  as  provided  under paragraphs (c-3), (c-4),
10    and (d) of this Section, every person convicted of  violating
11    this  Section  or  a  similar provision of a local ordinance,
12    shall be guilty of a Class A misdemeanor and, in addition  to
13    any  other  criminal or administrative action, for any second
14    conviction of violating this Section or a  similar  provision
15    of a law of another state or local ordinance committed within
16    5  years of a previous violation of this Section or a similar
17    provision of a law of another  state  or  a  local  ordinance
18    shall  be  mandatorily  sentenced  to  a minimum of 5 days of
19    imprisonment or assigned to a minimum of 30 days of community
20    service as may be  determined  by  the  court.  Every  person
21    convicted of violating this Section or a similar provision of
22    a local ordinance shall be subject to an additional mandatory
23    minimum  fine  of  $500 and an additional mandatory 5 days of
24    community service in a program  benefiting  children  if  the
25    person  committed  a  violation of paragraph (a) or a similar
26    provision of a local ordinance while  transporting  a  person
27    under  age  16.   Every  person  convicted  a second time for
28    violating this Section or a  similar  provision  of  a  local
29    ordinance  within  5  years  of  a previous violation of this
30    Section or a similar provision of a law of another  state  or
31    local  ordinance  shall be subject to an additional mandatory
32    minimum fine of $500 and an additional 10 days  of  mandatory
33    community  service  in  a  program benefiting children if the
34    current offense was committed  while  transporting  a  person
 
                            -3-               LRB9214864DHgcA
 1    under  age  16.   The  imprisonment  or assignment under this
 2    subsection shall not be subject to suspension nor  shall  the
 3    person  be  eligible  for  probation  in  order to reduce the
 4    sentence or assignment.
 5        (c-1) (1)  A person who violates this  Section  during  a
 6        period in which his or her driving privileges are revoked
 7        or  suspended, where the revocation or suspension was for
 8        a violation of this Section, Section 11-501.1,  paragraph
 9        (b)  of  Section  11-401,  or Section 9-3 of the Criminal
10        Code of 1961 is guilty of a Class 4 felony.
11             (2)  A person who violates this Section a third time
12        during a period in which his or  her  driving  privileges
13        are   revoked   or  suspended  where  the  revocation  or
14        suspension was for a violation of this  Section,  Section
15        11-501.1, paragraph (b) of Section 11-401, or Section 9-3
16        of  the  Criminal  Code  of  1961  is guilty of a Class 3
17        felony.
18             (3)  A person who violates this Section a fourth  or
19        subsequent  time  during  a  period  in  which his or her
20        driving privileges are revoked  or  suspended  where  the
21        revocation  or  suspension  was  for  a violation of this
22        Section,  Section  11-501.1,  paragraph  (b)  of  Section
23        11-401, or Section 9-3 of the Criminal Code  of  1961  is
24        guilty of a Class 2 felony.
25        (c-2)  (Blank).
26        (c-3)  Every  person  convicted of violating this Section
27        or a similar provision of a local  ordinance  who  had  a
28        child  under  age  16  in  the vehicle at the time of the
29        offense shall have his or her punishment under  this  Act
30        enhanced  by  2 days of imprisonment for a first offense,
31        10 days of imprisonment for a second offense, 30 days  of
32        imprisonment   for  a  third  offense,  and  90  days  of
33        imprisonment for  a  fourth  or  subsequent  offense,  in
34        addition to the fine and community service required under
 
                            -4-               LRB9214864DHgcA
 1        subsection  (c)  and  the  possible imprisonment required
 2        under subsection (d).   The  imprisonment  or  assignment
 3        under  this subsection shall not be subject to suspension
 4        nor shall the person be eligible for probation  in  order
 5        to reduce the sentence or assignment.
 6        (c-4)  When  a  person  is convicted of violating Section
 7    11-501 of this  Code  or  a  similar  provision  of  a  local
 8    ordinance,  the  following  penalties  apply  when his or her
 9    blood, breath,  or  urine  was  .16  or  more  based  on  the
10    definition  of  blood,  breath,  or  urine  units  in Section
11    11-501.2 or when that person is convicted of  violating  this
12    Section while transporting a child under the age of 16:
13             (1)  A   person   who   is  convicted  of  violating
14        subsection (a) of Section 11-501 of  this  Code  a  first
15        time,  in  addition  to  any  other  penalty  that may be
16        imposed under subsection (c), is subject to  a  mandatory
17        minimum  of  100 hours of community service and a minimum
18        fine of $500.
19             (2)  A  person  who  is   convicted   of   violating
20        subsection  (a)  of  Section 11-501 of this Code a second
21        time within 10 years, in addition to  any  other  penalty
22        that may be imposed under subsection (c), is subject to a
23        mandatory minimum of 2 days of imprisonment and a minimum
24        fine of $1,250.
25             (3)  A   person   who   is  convicted  of  violating
26        subsection (a) of Section 11-501 of  this  Code  a  third
27        time  within  20 years is guilty of a Class 4 felony and,
28        in addition to any other  penalty  that  may  be  imposed
29        under  subsection  (c), is subject to a mandatory minimum
30        of 90 days of imprisonment and a minimum fine of $2,500.
31             (4)  A person who is  convicted  of  violating  this
32        subsection (c-4) a fourth or subsequent time is guilty of
33        a  Class  2  felony and, in addition to any other penalty
34        that may be imposed under subsection (c), is not eligible
 
                            -5-               LRB9214864DHgcA
 1        for a sentence of probation or conditional discharge  and
 2        is subject to a minimum fine of $2,500.
 3        (d) (1)  Every person convicted of committing a violation
 4        of  this  Section  shall  be guilty of aggravated driving
 5        under the influence of alcohol, other drug or  drugs,  or
 6        intoxicating  compound  or  compounds, or any combination
 7        thereof if:
 8                  (A)  the person committed a violation  of  this
 9             Section,  or a similar provision of a law of another
10             state or a local ordinance when the cause of  action
11             is  the  same  as  or  substantially similar to this
12             Section, for the third or subsequent time;
13                  (B)  the  person  committed  a   violation   of
14             paragraph  (a)  while  driving  a  school  bus  with
15             children on board;
16                  (C)  the  person  in  committing a violation of
17             paragraph  (a)  was  involved  in  a  motor  vehicle
18             accident that  resulted  in  great  bodily  harm  or
19             permanent  disability  or  disfigurement to another,
20             when the violation was  a  proximate  cause  of  the
21             injuries;
22                  (D)  the   person   committed  a  violation  of
23             paragraph  (a)  for  a  second  time  and  has  been
24             previously convicted of violating Section 9-3 of the
25             Criminal Code of 1961 relating to reckless  homicide
26             in  which  the  person  was  determined to have been
27             under the influence of alcohol, other drug or drugs,
28             or intoxicating compound or compounds as an  element
29             of  the  offense  or  the person has previously been
30             convicted under subparagraph (C) of  this  paragraph
31             (1); or
32                  (E)  the  person,  in committing a violation of
33             paragraph (a) while driving at any speed in a school
34             speed zone at a time when a speed limit of 20  miles
 
                            -6-               LRB9214864DHgcA
 1             per  hour  was  in  effect  under  subsection (a) of
 2             Section 11-605 of this Code, was involved in a motor
 3             vehicle accident that resulted in bodily harm, other
 4             than great bodily harm or  permanent  disability  or
 5             disfigurement, to another person, when the violation
 6             of paragraph (a) was a proximate cause of the bodily
 7             harm.
 8             (2)  Aggravated   driving  under  the  influence  of
 9        alcohol, other drug or drugs, or intoxicating compound or
10        compounds, or  any  combination  thereof  is  a  Class  4
11        felony.   For  , , or (E) a violation of subparagraph (C)
12        of paragraph (1) of this subsection (d),  the  defendant,
13        if   sentenced  to  a  term  of  imprisonment,  shall  be
14        sentenced to not less than one  year  nor  more  than  12
15        years.   For any prosecution under this subsection (d), a
16        certified copy of the driving abstract of  the  defendant
17        shall be admitted as proof of any prior conviction.
18        (e)  After  a  finding  of  guilt  and prior to any final
19    sentencing, or an order for supervision, for an offense based
20    upon an arrest for a violation of this Section or  a  similar
21    provision of a local ordinance, individuals shall be required
22    to  undergo  a  professional  evaluation  to  determine if an
23    alcohol, drug, or intoxicating compound abuse problem  exists
24    and  the extent of the problem, and undergo the imposition of
25    treatment   as   appropriate.   Programs   conducting   these
26    evaluations shall be licensed  by  the  Department  of  Human
27    Services.   The  cost of any professional evaluation shall be
28    paid  for  by  the  individual  required   to   undergo   the
29    professional evaluation.
30        (f)  Every person found guilty of violating this Section,
31    whose operation of a motor vehicle while in violation of this
32    Section  proximately  caused  any  incident  resulting  in an
33    appropriate emergency  response,  shall  be  liable  for  the
34    expense  of  an  emergency response as provided under Section
 
                            -7-               LRB9214864DHgcA
 1    5-5-3 of the Unified Code of Corrections.
 2        (g)  The Secretary of  State  shall  revoke  the  driving
 3    privileges  of  any  person convicted under this Section or a
 4    similar provision of a local ordinance.
 5        (h)  Every person sentenced under paragraph (2) or (3) of
 6    subsection (c-1) of this Section or subsection  (d)  of  this
 7    Section  and  who receives a term of probation or conditional
 8    discharge shall be required to serve a minimum term of either
 9    60 days community service or 10 days  of  imprisonment  as  a
10    condition  of  the  probation or conditional discharge.  This
11    mandatory minimum  term  of  imprisonment  or  assignment  of
12    community  service  shall  not  be suspended and shall not be
13    subject to reduction by the court.
14        (i)  The Secretary of State  shall  require  the  use  of
15    ignition  interlock  devices  on  all  vehicles  owned  by an
16    individual who has been convicted of a second  or  subsequent
17    offense  of  this  Section  or a similar provision of a local
18    ordinance.   The  Secretary  shall  establish  by  rule   and
19    regulation  the  procedures  for certification and use of the
20    interlock system.
21        (j)  In addition to any other penalties and  liabilities,
22    a person who is found guilty of or pleads guilty to violating
23    this   Section,   including   any   person  placed  on  court
24    supervision for violating this Section, shall be fined  $100,
25    payable  to the circuit clerk, who shall distribute the money
26    to the law enforcement agency that made the arrest.   If  the
27    person  has  been  previously  convicted  of  violating  this
28    Section or a similar provision of a local ordinance, the fine
29    shall  be  $200.   In  the event that more than one agency is
30    responsible for the arrest, the $100 or $200 shall be  shared
31    equally.   Any  moneys  received  by a law enforcement agency
32    under this subsection (j)  shall  be  used  to  purchase  law
33    enforcement  equipment  that will assist in the prevention of
34    alcohol related criminal violence throughout the State.  This
 
                            -8-               LRB9214864DHgcA
 1    shall include, but is not limited to, in-car  video  cameras,
 2    radar  and  laser speed detection devices, and alcohol breath
 3    testers. Any moneys  received  by  the  Department  of  State
 4    Police  under this subsection (j) shall be deposited into the
 5    State Police DUI Fund and  shall  be  used  to  purchase  law
 6    enforcement  equipment  that will assist in the prevention of
 7    alcohol related criminal violence throughout the State.
 8    (Source: P.A. 91-126, eff.  7-16-99;  91-357,  eff.  7-29-99;
 9    91-692,  eff.  4-13-00;  91-822,  eff.  6-13-00; 92-248, eff.
10    8-3-01; 92-418, eff. 8-17-01; 92-420, eff.  8-17-01;  92-429,
11    eff. 1-1-02; 92-431, eff. 1-1-02; revised 10-12-01.)

12        (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
13        Sec. 11-501.2.  Chemical and other tests.
14        (a)  Upon  the  trial  of any civil or criminal action or
15    proceeding arising out of an arrest for an offense as defined
16    in Section 11-501 or a similar local ordinance or proceedings
17    pursuant to Section 2-118.1, evidence of the concentration of
18    alcohol, other drug or drugs,  or  intoxicating  compound  or
19    compounds,  or any combination thereof in a person's blood or
20    breath at the time alleged, as determined by analysis of  the
21    person's  blood,  urine,  breath  or  other bodily substance,
22    shall be admissible.  Where such test is made  the  following
23    provisions shall apply:
24             1.  Chemical  analyses of the person's blood, urine,
25        breath or other bodily substance to be  considered  valid
26        under  the  provisions  of  this  Section shall have been
27        performed  according  to  standards  promulgated  by  the
28        Department of  State  Police  by  a  licensed  physician,
29        registered  nurse,  trained phlebotomist acting under the
30        direction of a licensed physician,  certified  paramedic,
31        or  other  individual possessing a valid permit issued by
32        that Department for this purpose.  The Director of  State
33        Police  is  authorized to approve satisfactory techniques
 
                            -9-               LRB9214864DHgcA
 1        or  methods,  to   ascertain   the   qualifications   and
 2        competence  of  individuals  to conduct such analyses, to
 3        issue permits which shall be subject  to  termination  or
 4        revocation  at  the  discretion of that Department and to
 5        certify the accuracy of  breath  testing  equipment.  The
 6        Department of State Police shall prescribe regulations as
 7        necessary to implement this Section.
 8             2.  When  a  person  in this State shall submit to a
 9        blood test at the request of a  law  enforcement  officer
10        under   the   provisions  of  Section  11-501.1,  only  a
11        physician authorized to practice medicine,  a  registered
12        nurse,  trained  phlebotomist, or certified paramedic, or
13        other qualified person  approved  by  the  Department  of
14        State  Police  may  withdraw  blood  for  the  purpose of
15        determining  the  alcohol,  drug,  or  alcohol  and  drug
16        content therein. This limitation shall not apply  to  the
17        taking  of  breath  or urine specimens. Upon request by a
18        law  enforcement  officer,   hospital   personnel   shall
19        withdraw  blood  and obtain urine samples for the purpose
20        of  determining  the  alcohol  or  drug  content  of  the
21        person's blood and urine.
22             When a blood test of a person who has been taken  to
23        an  adjoining state for medical treatment is requested by
24        an Illinois law enforcement officer,  the  blood  may  be
25        withdrawn  only  by  a  physician  authorized to practice
26        medicine in the adjoining state, a  registered  nurse,  a
27        trained  phlebotomist  acting  under the direction of the
28        physician, or certified paramedic.  The  law  enforcement
29        officer  requesting  the  test  shall take custody of the
30        blood sample, and the blood sample shall be analyzed by a
31        laboratory certified by the Department  of  State  Police
32        for that purpose.
33             3.  The  person  tested  may  have a physician, or a
34        qualified technician, chemist, registered nurse, or other
 
                            -10-              LRB9214864DHgcA
 1        qualified person  of  their  own  choosing  administer  a
 2        chemical test or tests in addition to any administered at
 3        the  direction of a law enforcement officer.  The failure
 4        or inability to obtain an additional  test  by  a  person
 5        shall  not preclude the admission of evidence relating to
 6        the test or  tests  taken  at  the  direction  of  a  law
 7        enforcement officer.
 8             4.  Upon  the request of the person who shall submit
 9        to a chemical test or tests  at  the  request  of  a  law
10        enforcement officer, full information concerning the test
11        or  tests  shall  be made available to the person or such
12        person's attorney.
13             5.  Alcohol concentration shall mean either grams of
14        alcohol per 100 milliliters of blood or grams of  alcohol
15        per 210 liters of breath.
16        (b)  Upon  the  trial  of any civil or criminal action or
17    proceeding arising out of acts alleged to have been committed
18    by any person while driving or in actual physical control  of
19    a   vehicle   while  under  the  influence  of  alcohol,  the
20    concentration of alcohol in the person's blood or  breath  at
21    the  time alleged as shown by analysis of the person's blood,
22    urine, breath, or other bodily substance shall give  rise  to
23    the following presumptions:
24             1.  If   there   was   at   that   time  an  alcohol
25        concentration of 0.05 or less, it shall be presumed  that
26        the person was not under the influence of alcohol.
27             2.  If   there   was   at   that   time  an  alcohol
28        concentration in excess of 0.05 but less than 0.08,  such
29        facts  shall  not  give  rise to any presumption that the
30        person was or was not under the influence of alcohol, but
31        such fact may be considered with other competent evidence
32        in determining whether the person was under the influence
33        of alcohol.
34             3.  If  there  was   at   that   time   an   alcohol
 
                            -11-              LRB9214864DHgcA
 1        concentration  of 0.08 or more, it shall be presumed that
 2        the person was under the influence of alcohol.
 3             4.  The foregoing provisions of this  Section  shall
 4        not  be  construed  as  limiting  the introduction of any
 5        other relevant evidence bearing upon the question whether
 6        the person was under the influence of alcohol.

 7        (c) 1.  If a person under arrest refuses to submit  to  a
 8    chemical  test  under  the  provisions  of  Section 11-501.1,
 9    evidence of refusal shall  be  admissible  in  any  civil  or
10    criminal  action or proceeding arising out of acts alleged to
11    have been committed while the person under the  influence  of
12    alcohol,  other  drug  or  drugs, or intoxicating compound or
13    compounds, or any  combination  thereof  was  driving  or  in
14    actual physical control of a motor vehicle.
15             2.  Notwithstanding any ability to refuse under this
16        Code  to  submit  to these tests or any ability to revoke
17        the implied consent to these tests, if a law  enforcement
18        officer  has  probable  cause  to  believe  that  a motor
19        vehicle driven by or in  actual  physical  control  of  a
20        person  under  the  influence  of  alcohol, other drug or
21        drugs, or intoxicating  compound  or  compounds,  or  any
22        combination  thereof  has  caused  the  death or personal
23        injury to another, that person  shall  submit,  upon  the
24        request  of a law enforcement officer, to a chemical test
25        or tests of his or her blood, breath  or  urine  for  the
26        purpose of determining the alcohol content thereof or the
27        presence  of  any other drug or combination of both. Upon
28        request by a law enforcement officer, hospital  personnel
29        shall  withdraw  blood  and  obtain urine samples for the
30        purpose of determining the alcohol or drug content of the
31        person's blood and urine.
32        This provision does not affect the  applicability  of  or
33    imposition   of  driver's  license  sanctions  under  Section
34    11-501.1 of this Code.
 
                            -12-              LRB9214864DHgcA
 1             3.  For purposes of this Section, a personal  injury
 2        includes  any  Type  A injury as indicated on the traffic
 3        accident report completed by a  law  enforcement  officer
 4        that  requires immediate professional attention in either
 5        a doctor's office or a medical facility.  A Type A injury
 6        includes severe bleeding wounds,  distorted  extremities,
 7        and injuries that require the injured party to be carried
 8        from the scene.
 9    (Source: P.A.   90-43,  eff.  7-2-97;  90-779,  eff.  1-1-99;
10    91-828, eff. 1-1-01.)

11        (625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)
12        Sec. 11-501.4. Admissibility of chemical tests  of  blood
13    conducted  in  the  regular  course  of  providing  emergency
14    medical treatment.
15        (a)  Notwithstanding  any  other  provision  of  law, the
16    results  of  blood  tests  performed  for  the   purpose   of
17    determining  the  content of alcohol, other drug or drugs, or
18    intoxicating  compound  or  compounds,  or  any   combination
19    thereof,  of  an  individual's  blood  conducted upon persons
20    receiving medical treatment in a hospital emergency room  are
21    admissible  in evidence as a business record exception to the
22    hearsay rule  only  in  prosecutions  for  any  violation  of
23    Section 11-501 of this Code or a similar provision of a local
24    ordinance,  or  in prosecutions for reckless homicide brought
25    under the Criminal Code of 1961, when each of  the  following
26    criteria are met:
27             (1)  the    chemical   tests   performed   upon   an
28        individual's blood were ordered in the regular course  of
29        providing  emergency  medical  treatment  and  not at the
30        request of law enforcement authorities;
31             (2)  the   chemical   tests   performed   upon    an
32        individual's  blood  were  performed  by  the  laboratory
33        routinely used by the hospital; and
 
                            -13-              LRB9214864DHgcA
 1             (3)  results  of  chemical  tests  performed upon an
 2        individual's   blood   are   admissible   into   evidence
 3        regardless of the time that the records were prepared.
 4        (b)  The confidentiality provisions of law pertaining  to
 5    medical records and medical treatment shall not be applicable
 6    with  regard to chemical tests performed upon an individual's
 7    blood under the provisions of this Section in prosecutions as
 8    specified in subsection (a) of this Section.  No person shall
 9    be liable for civil damages as a result  of  the  evidentiary
10    use of chemical testing of an individual's blood test results
11    under this Section, or as a result of that person's testimony
12    made available under this Section.
13        (c)  As  a  result  of  a  blood  test  taken  under this
14    Section, a serum blood alcohol level of .10 or more is  prima
15    facie  evidence of a violation of paragraph (1) of subsection
16    (a) of Section 11-501.
17        (d)  Evidence of  serum  blood  alcohol  is  evidence  of
18    impairment in a prosecution under paragraph (2) of subsection
19    (a) of Section 11-501.
20    (Source: P.A. 90-779, eff. 1-1-99.)

21        (625 ILCS 5/11-501.5) (from Ch. 95 1/2, par. 11-501.5)
22        Sec. 11-501.5.  Preliminary Breath Screening Test.
23        (a)  If   a   law   enforcement  officer  has  reasonable
24    suspicion to believe  that  a  person  is  violating  or  has
25    violated  Section  11-501  or  a similar provision of a local
26    ordinance, the officer, prior to an arrest, may  request  the
27    person  to  provide  a  sample  of  his  or  her breath for a
28    preliminary breath screening test  using  a  portable  device
29    approved  by  the  Department of State Police. The person may
30    refuse the test.  The  results  of  this  preliminary  breath
31    screening test may be used by the law enforcement officer for
32    the purpose of assisting with the determination of whether to
33    require a chemical test as authorized under Sections 11-501.1
 
                            -14-              LRB9214864DHgcA
 1    and  11-501.2,  and  the appropriate type of test to request.
 2    Any chemical test  authorized  under  Sections  11-501.1  and
 3    11-501.2  may  be  requested by the officer regardless of the
 4    result of the preliminary breath screening test, if  probable
 5    cause  for  an  arrest  exists.   The result of a preliminary
 6    breath screening  test  may  be  used  by  the  defendant  as
 7    evidence  in any administrative or court proceeding involving
 8    a violation of Section 11-501 or 11-501.1.
 9        (b)  The Department of State Police shall create a  pilot
10    program   to  establish  the  effectiveness  of  pupillometer
11    technology (the measurement of the pupil's reaction to light)
12    as a noninvasive technique to  detect  and  measure  possible
13    impairment  of any person who drives or is in actual physical
14    control of a motor vehicle resulting from the suspected usage
15    of alcohol, other drug or  drugs,  intoxicating  compound  or
16    compounds  or any combination thereof.  This technology shall
17    also be used to detect fatigue levels of the  operator  of  a
18    Commercial  Motor  Vehicle  as  defined  in Section 6-500(6),
19    pursuant to Section 18b-105 (Part  395-Hours  of  Service  of
20    Drivers) of the Illinois Vehicle Code. A State Police officer
21    may  request  that the operator of a commercial motor vehicle
22    have his or her eyes examined or tested with  a  pupillometer
23    device.  The  person may refuse the examination or test.  The
24    State Police officer shall have the device readily  available
25    to limit undue delays.
26        If  a  State  Police  officer has reasonable suspicion to
27    believe that a person is violating or  has  violated  Section
28    11-501, the officer may use the pupillometer technology, when
29    available.   The officer, prior to an arrest, may request the
30    person to have his or her eyes  examined  or  tested  with  a
31    pupillometer  device.   The person may refuse the examination
32    or test.  The results of this examination or test may be used
33    by  the  officer  for  the  purpose  of  assisting  with  the
34    determination of  whether  to  require  a  chemical  test  as
 
                            -15-              LRB9214864DHgcA
 1    authorized  under  Sections  11-501.1  and  11-501.2  and the
 2    appropriate type of  test  to  request.   Any  chemical  test
 3    authorized  under  Sections  11-501.1  and  11-501.2  may  be
 4    requested  by  the  officer  regardless  of the result of the
 5    pupillometer examination or test, if probable  cause  for  an
 6    arrest  exists.  The result of the examination or test may be
 7    used by the defendant as evidence in  any  administrative  or
 8    court proceeding involving a violation of 11-501 or 11-501.1.
 9        The  pilot  program  shall last for a period of 18 months
10    and involve the testing of 15 pupillometer  devices.   Within
11    90   days  of  the  completion  of  the  pilot  project,  the
12    Department of State Police  shall  file  a  report  with  the
13    President  of  the Senate and Speaker of the House evaluating
14    the project.
15        (c)  The results of a preliminary breath  screening  test
16    are  admissible  by  the  State  during any civil or criminal
17    proceeding challenging a police officer's determination  that
18    probable  cause  existed  to arrest the defendant for driving
19    while  under  the  influence   of   alcohol.    Evidence   of
20    non-compliance  with manufacturer's recommendations shall not
21    affect the admissibility of a  preliminary  breath  screening
22    test at a hearing challenging probable cause.
23    (Source: P.A.  91-828,  eff.  1-1-01;  91-881,  eff. 6-30-00;
24    92-16, eff. 6-28-01.)

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