Illinois General Assembly - Full Text of SB1914
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Full Text of SB1914  94th General Assembly

SB1914sam001 94TH GENERAL ASSEMBLY

Sen. William R. Haine

Filed: 3/11/2005

 

 


 

 


 
09400SB1914sam001 LRB094 10583 DRH 43696 a

1
AMENDMENT TO SENATE BILL 1914

2     AMENDMENT NO. ______. Amend Senate Bill 1914 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Vehicle Code is amended by
5 changing Section 11-501.5 as follows:
 
6     (625 ILCS 5/11-501.5)  (from Ch. 95 1/2, par. 11-501.5)
7     Sec. 11-501.5. Preliminary Breath Screening Test.
8     (a) If If a law enforcement officer has reasonable
9 suspicion to believe that a person is violating or has violated
10 Section 11-501 or a similar provision of a local ordinance, the
11 officer, prior to an arrest, may request the person to provide
12 a sample of his or her breath for a preliminary breath
13 screening test using a portable device approved by the
14 Department of State Police. The person may refuse the test. The
15 results of this preliminary breath screening test may be used
16 by the law enforcement officer for the purpose of assisting
17 with the determination of whether to require a chemical test as
18 authorized under Sections 11-501.1 and 11-501.2, and the
19 appropriate type of test to request. Any chemical test
20 authorized under Sections 11-501.1 and 11-501.2 may be
21 requested by the officer regardless of the result of the
22 preliminary breath screening test, if probable cause for an
23 arrest exists. The result of a preliminary breath screening
24 test may be used by the defendant as evidence in any

 

 

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1 administrative or court proceeding involving a violation of
2 Section 11-501 or 11-501.1.
3     (b) The Department of State Police shall create a pilot
4 program to establish the effectiveness of pupillometer
5 technology (the measurement of the pupil's reaction to light)
6 as a noninvasive technique to detect and measure possible
7 impairment of any person who drives or is in actual physical
8 control of a motor vehicle resulting from the suspected usage
9 of alcohol, other drug or drugs, intoxicating compound or
10 compounds or any combination thereof. This technology shall
11 also be used to detect fatigue levels of the operator of a
12 Commercial Motor Vehicle as defined in Section 6-500(6),
13 pursuant to Section 18b-105 (Part 395-Hours of Service of
14 Drivers) of the Illinois Vehicle Code. A State Police officer
15 may request that the operator of a commercial motor vehicle
16 have his or her eyes examined or tested with a pupillometer
17 device. The person may refuse the examination or test. The
18 State Police officer shall have the device readily available to
19 limit undue delays.
20     If a State Police officer has reasonable suspicion to
21 believe that a person is violating or has violated Section
22 11-501, the officer may use the pupillometer technology, when
23 available. The officer, prior to an arrest, may request the
24 person to have his or her eyes examined or tested with a
25 pupillometer device. The person may refuse the examination or
26 test. The results of this examination or test may be used by
27 the officer for the purpose of assisting with the determination
28 of whether to require a chemical test as authorized under
29 Sections 11-501.1 and 11-501.2 and the appropriate type of test
30 to request. Any chemical test authorized under Sections
31 11-501.1 and 11-501.2 may be requested by the officer
32 regardless of the result of the pupillometer examination or
33 test, if probable cause for an arrest exists. The result of the
34 examination or test may be used by the defendant as evidence in

 

 

09400SB1914sam001 - 3 - LRB094 10583 DRH 43696 a

1 any administrative or court proceeding involving a violation of
2 11-501 or 11-501.1.
3     The pilot program shall last for a period of 18 months and
4 involve the testing of 15 pupillometer devices. Within 90 days
5 of the completion of the pilot project, the Department of State
6 Police shall file a report with the President of the Senate and
7 Speaker of the House evaluating the project.
8 (Source: P.A. 91-828, eff. 1-1-01; 91-881, eff. 6-30-00; 92-16,
9 eff. 6-28-01.)".