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91_HB4237
LRB9112080DHmb
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. If a
9 law enforcement officer has reasonable suspicion to believe
10 that a person is violating or has violated Section 11-501 or
11 a similar provision of a local ordinance, the officer, prior
12 to an arrest, may request the person to provide a sample of
13 his or her breath for a preliminary breath screening test
14 using a portable device approved by the Department of Public
15 Health. The results of this preliminary breath screening
16 test may be used by the law enforcement officer to assist for
17 the purpose of assisting with the determination of whether to
18 require a chemical test as authorized under Sections 11-501.1
19 and 11-501.2, and the appropriate type of test to request.
20 Any chemical test authorized under Sections 11-501.1 and
21 11-501.2 may be requested by the officer regardless of the
22 result of the preliminary breath screening test, if probable
23 cause for an arrest exists. The result of a preliminary
24 breath screening test may be used by the defendant as
25 evidence in any administrative or court proceeding involving
26 a violation of Section 11-501 or 11-501.1.
27 (Source: P.A. 88-169.)