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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
| [ Senate Amendment 002 ] |
91_SB1626enr SB1626 Enrolled 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 Enrolled -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 Enrolled -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.