SB2440 94TH GENERAL ASSEMBLY

LRB094 17730 DRH 53029 b

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.

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 changing Section 11-501.5 as follows:

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

Sec. 11-501.5. Preliminary Breath Screening Test.

(a) If a law enforcement officer has reasonable suspicion to believe that a person is violating or has violated Section 11-501 or a similar provision of a local ordinance, the officer, prior to an arrest, may request the person to provide a sample of his or her breath for a preliminary breath screening test using a portable device approved by the Department of State Police. The person may refuse the test. The results of this preliminary breath screening test may be used by the law enforcement officer for the purpose of assisting with the determination of whether to require a chemical test as authorized under Sections 11-501.1 and 11-501.2, and the appropriate type of test to request. Any chemical test authorized under Sections 11-501.1 and 11-501.2 may be requested by the officer regardless of the result of the preliminary breath screening test, if probable cause for an arrest exists. The result of a preliminary breath screening test may be used by the defendant as evidence in any administrative or court proceeding involving a violation of Section 11-501 or 11-501.1. The results of a preliminary breath screening test may be used by the prosecution in any administrative or court proceeding where the defendant is contending that the officer did not have reasonable suspicion to believe that the defendant had committed a violation of Section 11-501 or 11-501.1 or a similar provision of a local ordinance. The results of a preliminary breath screening test may not be used by the prosecution as evidence in a court proceeding involving a violation of Section 11-501 or 11-501.1. The results of a preliminary breath screening test may, however, be used by the prosecution in a court proceeding involving a violation of Section 11-501 or 11-501.1 to rebut testimony or other evidence put forth by the defense that the defendant was not intoxicated at the time of arrest.

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

If a State Police officer has reasonable suspicion to believe that a person is violating or has violated Section 11-501, the officer may use the pupillometer technology, when available. The officer, prior to an arrest, may request the person to have his or her eyes examined or tested with a pupillometer device. The person may refuse the examination or test. The results of this examination or test may be used by the officer for the purpose of assisting with the determination of whether to require a chemical test as authorized under Sections 11-501.1 and 11-501.2 and the appropriate type of test to request. Any chemical test authorized under Sections 11-501.1 and 11-501.2 may be requested by the officer regardless of the result of the pupillometer examination or test, if probable cause for an arrest exists. The result of the examination or test may be used by the defendant as evidence in any administrative or court proceeding involving a violation of 11-501 or 11-501.1.

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

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