HB5194 101ST GENERAL ASSEMBLY

LRB101 18111 LNS 67551 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5194

Introduced , by Rep. Mary Edly-Allen

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-501.3 new

Amends the Illinois Vehicle Code. Provides that the Illinois State Police shall establish an oral fluid roadside analysis pilot program for one year. Requires the Illinois State Police, under the pilot program, to perform a roadside preliminary oral fluid analysis to determine whether an individual is driving while under the influence of a controlled substance. Provides that within 90 days after the conclusion of the pilot program, the Illinois State Police shall submit a report of its findings to the General Assembly. Repeals the new provisions on January 1, 2023. Effective immediately.

A BILL FOR

AN ACT concerning transportation.

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

Section 5. The Illinois Vehicle Code is amended by adding Section 11-501.3 as follows:

(625 ILCS 5/11-501.3 new)

Sec. 11-501.3. Roadside preliminary oral fluid analysis pilot program.

(a) The Illinois State Police shall establish an oral fluid roadside analysis pilot program in this State for one year. The pilot program shall require the Illinois State Police to perform a roadside preliminary oral fluid analysis to determine whether an individual is driving while under the influence of a controlled substance in violation of Section 11-501.

(b) The Illinois State Police shall select 5 counties in which to implement the pilot program established under this Section.

(c) A county is eligible to participate in the pilot program if the county has a law enforcement agency within its boundary, including, but not limited to, an Illinois State Police post, a sheriff's department, or a municipal police department, that employs at least one law enforcement officer who is a certified drug recognition expert.

(d) The Illinois State Police shall develop a written policy for the implementation of the pilot program and the administration of roadside oral fluid drug testing.

(e) The Illinois State Police may adopt rules necessary to implement the pilot program.

(f) Within 90 days after the conclusion of the pilot program, the Illinois State Police shall submit a report to the General Assembly containing the following information:

(1) how the pilot program counties were selected;

(2) the different types of law enforcement agencies in the pilot program participant counties that engaged in preliminary roadside oral fluid analysis; and

(3) relevant statistical data, including, but not limited to:

(i) the number and type of traffic stops resulting in an arrest for operating a vehicle under the influence of a controlled substance in violation of Section 11-501 as a result of preliminary roadside oral fluid analysis by a certified drug recognition expert; and

(ii) the number and type of convictions resulting from an arrest made based on the result of a preliminary roadside oral fluid analysis by a certified drug recognition expert.

(g) As used in this Section:

"Certified drug recognition expert" means a law enforcement officer trained to recognize impairment in a driver under the influence of a controlled substance other than, or in addition to, alcohol.

"Controlled substance" has the meaning provided in the Illinois Controlled Substances Act.

"Preliminary oral fluid analysis" means the on-site taking of a preliminary oral fluid test, performed by a certified drug recognition expert, from the oral fluid of a person for the purpose of detecting the presence of a controlled substance.

(h) This Section is repealed January 1, 2023.

Section 99. Effective date. This Act takes effect upon becoming law.