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Public Act 91-0881
SB1626 Enrolled SRS91S0075AKcb
AN ACT to amend the Illinois Vehicle Code by changing
Section 11-501.5.
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 Public Health. 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 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. 88-169.)
Section 99. Effective date. The Act takes effect upon
becoming law.
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