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(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 Illinois 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.
(b) The Illinois 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 Illinois State Police shall file a report with the
President of the Senate and Speaker of the House evaluating the project.
(Source: P.A. 102-538, eff. 8-20-21.)
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