Bill Text: IL HB5194 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that the Illinois State Police shall establish an oral fluid roadside analysis pilot program for one year. Requires the Illinois State Police, under the pilot program, to perform a roadside preliminary oral fluid analysis to determine whether an individual is driving while under the influence of a controlled substance. Provides that within 90 days after the conclusion of the pilot program, the Illinois State Police shall submit a report of its findings to the General Assembly. Repeals the new provisions on January 1, 2023. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5194 Detail]

Download: Illinois-2019-HB5194-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5194 Introduced , by Rep. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-501.3 new
Amends the Illinois Vehicle Code. Provides that the Illinois State Police shall establish an oral fluid roadside analysis pilot program for one year. Requires the Illinois State Police, under the pilot program, to perform a roadside preliminary oral fluid analysis to determine whether an individual is driving while under the influence of a controlled substance. Provides that within 90 days after the conclusion of the pilot program, the Illinois State Police shall submit a report of its findings to the General Assembly. Repeals the new provisions on January 1, 2023. Effective immediately.
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A BILL FOR
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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 adding
Section 11-501.3 as follows:
(625 ILCS 5/11-501.3 new)
Sec. 11-501.3. Roadside preliminary oral fluid analysis
pilot program.
(a) The Illinois State Police shall establish an oral fluid
roadside analysis pilot program in this State for one year. The
pilot program shall require the Illinois State Police to
perform a roadside preliminary oral fluid analysis to determine
whether an individual is driving while under the influence of a
controlled substance in violation of Section 11-501.
(b) The Illinois State Police shall select 5 counties in
which to implement the pilot program established under this
Section.
(c) A county is eligible to participate in the pilot
program if the county has a law enforcement agency within its
boundary, including, but not limited to, an Illinois State
Police post, a sheriff's department, or a municipal police
department, that employs at least one law enforcement officer
who is a certified drug recognition expert.

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(d) The Illinois State Police shall develop a written
policy for the implementation of the pilot program and the
administration of roadside oral fluid drug testing.
(e) The Illinois State Police may adopt rules necessary to
implement the pilot program.
(f) Within 90 days after the conclusion of the pilot
program, the Illinois State Police shall submit a report to the
General Assembly containing the following information:
(1) how the pilot program counties were selected;
(2) the different types of law enforcement agencies in
the pilot program participant counties that engaged in
preliminary roadside oral fluid analysis; and
(3) relevant statistical data, including, but not
limited to:
(i) the number and type of traffic stops resulting
in an arrest for operating a vehicle under the
influence of a controlled substance in violation of
Section 11-501 as a result of preliminary roadside oral
fluid analysis by a certified drug recognition expert;
and
(ii) the number and type of convictions resulting
from an arrest made based on the result of a
preliminary roadside oral fluid analysis by a
certified drug recognition expert.
(g) As used in this Section:
"Certified drug recognition expert" means a law

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enforcement officer trained to recognize impairment in a driver
under the influence of a controlled substance other than, or in
addition to, alcohol.
"Controlled substance" has the meaning provided in the
Illinois Controlled Substances Act.
"Preliminary oral fluid analysis" means the on-site taking
of a preliminary oral fluid test, performed by a certified drug
recognition expert, from the oral fluid of a person for the
purpose of detecting the presence of a controlled substance.
(h) This Section is repealed January 1, 2023.
Section 99. Effective date. This Act takes effect upon
becoming law.