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SB1914 Engrossed |
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LRB094 10583 DRH 40887 b |
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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
If a law enforcement officer has reasonable |
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| suspicion to believe
that a person is
violating or has violated |
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| Section 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.
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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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SB1914 Engrossed |
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LRB094 10583 DRH 40887 b |
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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.)
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