94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2440


 
Introduced 1/18/2006, by Sen. John J. Millner
 
SYNOPSIS AS INTRODUCED:
 		














625 ILCS 5/11-501.5
  from Ch. 95 1/2, par. 11-501.5







    Amends the Illinois Vehicle Code. Provides that the results of a preliminary breath screening test may be used by the prosecution in any administrative or court hearing where the defendant is contending that the officer did not have reasonable suspicion to believe that the defendant was driving under the influence of alcohol, drugs, or intoxicating compounds.   Provides that these results may  be used by the prosecution  in a DUI court proceeding only to rebut  evidence that the defendant was not intoxicated at the time of arrest.
















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A BILL FOR









 











SB2440

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    AN ACT concerning transportation.

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


 
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    Section 5. The Illinois Vehicle Code is amended  by changing 
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Section 11-501.5 as follows:
 



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    (625 ILCS 5/11-501.5)  (from Ch. 95 1/2, par. 11-501.5)



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    Sec. 11-501.5. Preliminary Breath Screening Test. 

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    (a) If a law enforcement officer has reasonable suspicion 
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to believe
that a person is
violating or has violated Section 
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11-501 or a similar provision of a local
ordinance, the 
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officer, prior to an arrest, may request the person to
provide 
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a sample of his or her breath for a preliminary breath 
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screening
test using a portable device approved by the 
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Department of State Police.
The person may refuse the test.
The 
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results of this preliminary breath screening test may be used 
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by the
law enforcement officer for the purpose of assisting 
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with the determination
of whether to require a chemical test as 
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authorized under Sections 11-501.1
and 11-501.2, and the 
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appropriate type of test to request.  Any chemical
test 
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authorized under Sections 11-501.1 and 11-501.2 may be 
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requested by
the officer regardless of the result of the 
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preliminary breath screening
test, if probable cause for an 
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arrest exists.  The result of a preliminary
breath screening 
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test may be used by the defendant as evidence in any

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administrative or court proceeding involving a violation of 
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Section 11-501 or
11-501.1. The results of a preliminary breath 
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screening test may be used by the prosecution in any 
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administrative or court proceeding where the defendant is 
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contending that the officer did not have reasonable suspicion 
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to believe that the defendant had committed a violation of 
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Section 11-501 or 11-501.1 or a similar provision of a local 
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ordinance.  The results of a preliminary breath screening test 
 


 






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may not be used by the prosecution as evidence in a court 
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proceeding involving a violation of Section 11-501 or 11-501.1.  
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The results of a preliminary breath screening test may, 
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however, be used by the prosecution in a court proceeding 
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involving a violation of Section 11-501 or 11-501.1 to rebut 
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testimony or other evidence put forth by the defense that the 
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defendant was not intoxicated at the time of arrest.


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    (b) The Department of State Police shall create a pilot 
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program to
establish
the effectiveness of pupillometer 
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technology (the measurement of the pupil's
reaction to light) 
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as a noninvasive technique to detect and measure possible

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impairment of any person who drives or is in actual physical 
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control of a motor
vehicle resulting from the suspected usage 
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of alcohol, other drug or drugs,
intoxicating compound or 
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compounds or any combination thereof.  This technology
shall 
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also be used to detect fatigue levels of the operator of a 
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Commercial
Motor Vehicle as defined in Section 6-500(6), 
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pursuant to Section 18b-105
(Part 395-Hours of Service of 
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Drivers) of the Illinois Vehicle Code.
A State Police officer 
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may request that the operator of a commercial motor
vehicle 
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have his or her eyes examined or tested with a pupillometer 
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device.
The person may refuse the examination or test.  The 
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State Police officer shall
have the device readily available to 
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limit undue delays.

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    If a State Police officer has reasonable suspicion to 
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believe that a
person is violating or has violated Section 
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11-501, the officer may use the
pupillometer technology, when 
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available.  The officer, prior to an arrest, may
request the 
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person to have his or her eyes examined or tested with a

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pupillometer device.  The person may refuse the examination or 
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test.  The
results of this examination or test may be used by

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the officer for the purpose of assisting with the determination 
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of whether to
require a chemical test as authorized under 
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Sections 11-501.1 and 11-501.2 and
the appropriate type of test 
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to request.  Any chemical test authorized under
Sections 
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11-501.1 and 11-501.2 may be requested by the officer 
 


 






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regardless of
the result of the pupillometer examination or 
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test, if probable cause for an
arrest exists. The result of the 
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examination or test may be used by the
defendant as evidence in 
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any administrative or court proceeding involving a
violation of 
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11-501 or 11-501.1.

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    The pilot program shall last for a period of 18 months and 
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involve the
testing of 15 pupillometer devices.  Within 90 days 
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of the completion of the
pilot project, the Department of State 
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Police shall file a report with the
President of the Senate and 
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Speaker of the House evaluating the project.

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(Source: P.A. 91-828, eff. 1-1-01; 91-881, eff. 6-30-00; 92-16, 
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eff.
6-28-01.)