Illinois General Assembly - Illinois Compiled Statutes

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625 ILCS 40/5-7

(625 ILCS 40/5-7)

Sec. 5-7.

Operating a snowmobile while under the influence of alcohol or
other drug or drugs, intoxicating compound or compounds, or a combination of
them; criminal penalties; suspension of operating privileges.

(a) A person may not operate or be in actual physical control of a
snowmobile within this State
while:

1. The alcohol concentration in that person's blood,

 other bodily substance, or breath is a concentration at which driving a motor vehicle is prohibited under subdivision (1) of subsection (a) of Section 11-501 of the Illinois Vehicle Code;

2. The person is under the influence of alcohol;

3. The person is under the influence of any other

drug or combination of drugs to a degree that renders that person incapable of safely operating a snowmobile;

3.1. The person is under the influence of any

intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of safely operating a snowmobile;

4. The person is under the combined influence of

alcohol and any other drug or drugs or intoxicating compound or compounds to a degree that renders that person incapable of safely operating a snowmobile;

4.3. The person who is not a CDL holder has a

tetrahydrocannabinol concentration in the person's whole blood  or other bodily substance at which driving a motor vehicle is prohibited under subdivision (7) of subsection (a) of Section 11-501 of the Illinois Vehicle Code;

4.5. The person who is a CDL holder has any amount of

a drug, substance, or      compound in the person's breath, blood, other bodily substance, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act; or

5. There is any amount of a drug, substance, or

compound in that person's breath, blood, other bodily substance, or urine resulting from the unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or intoxicating compound listed in the use of Intoxicating Compounds Act.

(b) The fact that a person charged with violating this Section is or has
been legally entitled to use alcohol, other drug or drugs, any
intoxicating
compound or compounds, or any combination of them does not constitute a
defense against a charge of violating this Section.

(c) Every person convicted of violating this Section or a similar
provision of a local ordinance is guilty of a
Class A misdemeanor, except as otherwise provided in this Section.

(c-1) As used in this Section, "first time offender" means any person who has not had a previous conviction or been assigned supervision for violating this Section or a similar provision of a local ordinance, or any person who has not had a suspension imposed under subsection (e) of Section 5-7.1.

    (c-2) For purposes of this Section, the following are equivalent to a conviction:
        (1) an unvacated revocation of pretrial release; or

(2) the failure of a defendant to appear for trial.

(d) Every person convicted of violating this Section is guilty of a
Class 4 felony if:

1. The person has a previous conviction under this

Section;

2. The offense results in personal injury where a

person other than the operator suffers great bodily harm or permanent disability or disfigurement, when the violation was a proximate cause of the injuries. A person guilty of a Class 4 felony under this paragraph 2, if sentenced to a term of imprisonment, shall be sentenced to not less than one year nor more than 12 years; or

3. The offense occurred during a period in which the

person's privileges to operate a snowmobile are revoked or suspended, and the revocation or suspension was for a violation of this Section or was imposed under Section 5-7.1.

(e) Every person convicted of violating this Section is guilty
of a
Class 2 felony if the offense results in the death of a person.
A person guilty of a Class 2 felony under this subsection (e), if sentenced
to
a term of imprisonment, shall be sentenced to a term of not less than 3 years
and not more than 14 years.

(e-1) Every person convicted of violating this Section or a similar
provision of a local ordinance who had a child under the age of 16 on board the
snowmobile at the time of offense shall be subject to a mandatory minimum fine
of $500 and shall be subject to a mandatory minimum of 5 days of community
service in a program benefiting children. The assignment under this subsection
shall not be subject to suspension nor shall the person be eligible for
probation in order to reduce the assignment.

(e-2) Every person found guilty of violating this Section, whose operation
of
a snowmobile while in violation of this Section proximately caused any incident
resulting in an appropriate emergency response, shall be liable for the expense
of an emergency response as provided in subsection (i) of Section 11-501.01 of the Illinois Vehicle Code.

(e-3) In addition to any other penalties and liabilities, a person who is
found guilty of violating this Section, including any person placed on court
supervision, shall be fined $100, payable to the circuit clerk, who shall
distribute the money to the law enforcement agency that made the arrest or as provided in subsection (c) of Section 10-5 of the Criminal and Traffic Assessment Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest, in which case the amount shall be remitted to each unit of government equally. Any moneys received by a law enforcement agency under
this subsection (e-3) shall be used to purchase law enforcement equipment or to
provide law enforcement training that will assist in the prevention of alcohol
related criminal violence throughout the State. Law enforcement equipment shall
include, but is not limited to, in-car video cameras, radar and laser speed
detection devices, and alcohol breath testers.

(f) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend the
snowmobile operation privileges of
a person convicted or found guilty of a misdemeanor under this
Section for a period of one
year, except that first-time offenders are exempt from
this mandatory one-year suspension.

(g) In addition to any criminal penalties imposed, the Department of Natural
Resources shall suspend for a period of 5 years the snowmobile operation
privileges of any person convicted or found guilty of a felony under this
Section.

(Source: P.A. 101-652, eff. 1-1-23; 102-145, eff. 7-23-21; 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.)