State of Illinois
91st General Assembly
Legislation

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91_HB4237

 
                                               LRB9112080DHmb

 1        AN ACT to amend the Illinois  Vehicle  Code  by  changing
 2    Section 11-501.5.

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

 5        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 6    changing Section 11-501.5 as follows:

 7        (625 ILCS 5/11-501.5) (from Ch. 95 1/2, par. 11-501.5)
 8        Sec. 11-501.5.  Preliminary Breath Screening Test.   If a
 9    law  enforcement  officer has reasonable suspicion to believe
10    that a person is violating or has violated Section 11-501  or
11    a  similar provision of a local ordinance, the officer, prior
12    to an arrest, may request the person to provide a  sample  of
13    his  or  her  breath  for a preliminary breath screening test
14    using a portable device approved by the Department of  Public
15    Health.    The  results  of this preliminary breath screening
16    test may be used by the law enforcement officer to assist for
17    the purpose of assisting with the determination of whether to
18    require a chemical test as authorized under Sections 11-501.1
19    and 11-501.2, and the appropriate type of  test  to  request.
20    Any  chemical  test  authorized  under  Sections 11-501.1 and
21    11-501.2 may be requested by the officer  regardless  of  the
22    result  of the preliminary breath screening test, if probable
23    cause for an arrest exists.   The  result  of  a  preliminary
24    breath  screening  test  may  be  used  by  the  defendant as
25    evidence in any administrative or court proceeding  involving
26    a violation of Section 11-501 or 11-501.1.
27    (Source: P.A. 88-169.)

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