Public Act 93-0156

HB1237 Enrolled                      LRB093 04014 DRH 04053 b

    AN ACT in relation to vehicles.

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

    Section  3.  The  Illinois  Vehicle  Code  is  amended by
changing Section 11-501 as follows:

    (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
    Sec.  11-501.   Driving  while  under  the  influence  of
alcohol,  other  drug  or  drugs,  intoxicating  compound  or
compounds or any combination thereof.
    (a)  A person shall not drive or be  in  actual  physical
control of any vehicle within this State while:
         (1)  the alcohol concentration in the person's blood
    or  breath  is  0.08  or  more based on the definition of
    blood and breath units in Section 11-501.2;
         (2)  under the influence of alcohol;
         (3)  under  the  influence   of   any   intoxicating
    compound  or  combination  of intoxicating compounds to a
    degree that  renders  the  person  incapable  of  driving
    safely;
         (4)  under  the  influence  of  any  other  drug  or
    combination  of drugs to a degree that renders the person
    incapable of safely driving;
         (5)  under the combined influence of alcohol,  other
    drug or drugs, or intoxicating compound or compounds to a
    degree  that  renders  the  person  incapable  of  safely
    driving; or
         (6)  there  is  any  amount of a drug, substance, or
    compound  in  the  person's  breath,  blood,   or   urine
    resulting   from  the  unlawful  use  or  consumption  of
    cannabis listed in the Cannabis Control Act, a controlled
    substance listed in the  Illinois  Controlled  Substances
    Act,  or  an  intoxicating  compound listed in the Use of
    Intoxicating Compounds Act.
    (b)  The fact that any person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug or drugs, or intoxicating compound or compounds, or  any
combination  thereof,  shall not constitute a defense against
any charge of violating this Section.
    (c)  Except as provided under  paragraphs  (c-3),  (c-4),
and  (d) of this Section, every person convicted of violating
this Section or a similar provision  of  a  local  ordinance,
shall  be guilty of a Class A misdemeanor and, in addition to
any other criminal or administrative action, for  any  second
conviction  of  violating this Section or a similar provision
of a law of another state or local ordinance committed within
5 years of a previous violation of this Section or a  similar
provision of a local ordinance shall be mandatorily sentenced
to  a  minimum  of  5  days  of imprisonment or assigned to a
minimum of 30 days of community service as may be  determined
by  the  court.  Every  person  convicted  of  violating this
Section or a similar provision of a local ordinance shall  be
subject  to  an additional mandatory minimum fine of $500 and
an additional mandatory 5 days  of  community  service  in  a
program   benefiting  children  if  the  person  committed  a
violation of paragraph (a) or a similar provision of a  local
ordinance  while  transporting  a person under age 16.  Every
person convicted a second time for violating this Section  or
a  similar provision of a local ordinance within 5 years of a
previous violation of this Section or a similar provision  of
a law of another state or local ordinance shall be subject to
an   additional   mandatory  minimum  fine  of  $500  and  an
additional 10  days  of  mandatory  community  service  in  a
program  benefiting  children  if  the  current  offense  was
committed  while  transporting  a  person  under age 16.  The
imprisonment or assignment under this subsection shall not be
subject to suspension nor shall the person  be  eligible  for
probation in order to reduce the sentence or assignment.
    (c-1) (1)  A  person  who  violates this Section during a
    period in which his or her driving privileges are revoked
    or suspended, where the revocation or suspension was  for
    a  violation of this Section, Section 11-501.1, paragraph
    (b) of Section 11-401, or Section  9-3  of  the  Criminal
    Code of 1961 is guilty of a Class 4 felony.
         (2)  A person who violates this Section a third time
    during  a  period  in which his or her driving privileges
    are  revoked  or  suspended  where  the   revocation   or
    suspension  was  for a violation of this Section, Section
    11-501.1, paragraph (b) of Section 11-401, or Section 9-3
    of the Criminal Code of 1961  is  guilty  of  a  Class  3
    felony.
         (3)  A  person who violates this Section a fourth or
    subsequent time during a  period  in  which  his  or  her
    driving  privileges  are  revoked  or suspended where the
    revocation or suspension was  for  a  violation  of  this
    Section,  Section  11-501.1,  paragraph  (b)  of  Section
    11-401,  or  Section  9-3 of the Criminal Code of 1961 is
    guilty of a Class 2 felony.
    (c-2)  (Blank).
    (c-3)  Every person convicted of violating  this  Section
or  a  similar provision of a local ordinance who had a child
under age 16 in the vehicle at the time of the offense  shall
have  his or her punishment under this Act enhanced by 2 days
of imprisonment for a first offense, 10 days of  imprisonment
for  a  second  offense,  30 days of imprisonment for a third
offense,  and  90  days  of  imprisonment  for  a  fourth  or
subsequent offense, in addition to  the  fine  and  community
service  required  under  subsection  (c)  and  the  possible
imprisonment required under subsection (d).  The imprisonment
or  assignment  under this subsection shall not be subject to
suspension nor shall the person be eligible for probation  in
order to reduce the sentence or assignment.
    (c-4)  When  a  person  is convicted of violating Section
11-501 of this  Code  or  a  similar  provision  of  a  local
ordinance,  the  following  penalties  apply  when his or her
blood, breath,  or  urine  was  .16  or  more  based  on  the
definition  of  blood,  breath,  or  urine  units  in Section
11-501.2 or when that person is convicted of  violating  this
Section while transporting a child under the age of 16:
         (1)  A   person   who   is  convicted  of  violating
    subsection (a) of Section 11-501 of  this  Code  a  first
    time,  in  addition  to  any  other  penalty  that may be
    imposed under subsection (c), is subject to  a  mandatory
    minimum  of  100 hours of community service and a minimum
    fine of $500.
         (2)  A  person  who  is   convicted   of   violating
    subsection  (a)  of  Section 11-501 of this Code a second
    time within 10 years, in addition to  any  other  penalty
    that may be imposed under subsection (c), is subject to a
    mandatory minimum of 2 days of imprisonment and a minimum
    fine of $1,250.
         (3)  A   person   who   is  convicted  of  violating
    subsection (a) of Section 11-501 of  this  Code  a  third
    time  within  20 years is guilty of a Class 4 felony and,
    in addition to any other  penalty  that  may  be  imposed
    under  subsection  (c), is subject to a mandatory minimum
    of 90 days of imprisonment and a minimum fine of $2,500.
         (4)  A person who is  convicted  of  violating  this
    subsection (c-4) a fourth or subsequent time is guilty of
    a  Class  2  felony and, in addition to any other penalty
    that may be imposed under subsection (c), is not eligible
    for a sentence of probation or conditional discharge  and
    is subject to a minimum fine of $2,500.
    (d) (1)  Every person convicted of committing a violation
    of  this  Section  shall  be guilty of aggravated driving
    under the influence of alcohol, other drug or  drugs,  or
    intoxicating  compound  or  compounds, or any combination
    thereof if:
              (A)  the person committed a violation  of  this
         Section,  or a similar provision of a law of another
         state or a local ordinance when the cause of  action
         is  the  same  as  or  substantially similar to this
         Section, for the third or subsequent time;
              (B)  the  person  committed  a   violation   of
         paragraph  (a)  while  driving  a  school  bus  with
         children on board;
              (C)  the  person  in  committing a violation of
         paragraph  (a)  was  involved  in  a  motor  vehicle
         accident that  resulted  in  great  bodily  harm  or
         permanent  disability  or  disfigurement to another,
         when the violation was  a  proximate  cause  of  the
         injuries;
              (D)  the   person   committed  a  violation  of
         paragraph  (a)  for  a  second  time  and  has  been
         previously convicted of violating Section 9-3 of the
         Criminal Code of 1961 relating to reckless  homicide
         in  which  the  person  was  determined to have been
         under the influence of alcohol, other drug or drugs,
         or intoxicating compound or compounds as an  element
         of  the  offense  or  the person has previously been
         convicted under subparagraph (C) of  this  paragraph
         (1); or
              (E)  the  person,  in committing a violation of
         paragraph (a) while driving at any speed in a school
         speed zone at a time when a speed limit of 20  miles
         per  hour  was  in  effect  under  subsection (a) of
         Section 11-605 of this Code, was involved in a motor
         vehicle accident that resulted in bodily harm, other
         than great bodily harm or  permanent  disability  or
         disfigurement, to another person, when the violation
         of paragraph (a) was a proximate cause of the bodily
         harm.
         (2)  Aggravated   driving  under  the  influence  of
    alcohol, other drug or drugs, or intoxicating compound or
    compounds, or  any  combination  thereof  is  a  Class  4
    felony.  For a violation of subparagraph (C) of paragraph
    (1)  of  this subsection (d), the defendant, if sentenced
    to a term of imprisonment, shall be sentenced to not less
    than  one  year  nor  more  than  12  years.    For   any
    prosecution  under  this subsection (d), a certified copy
    of  the  driving  abstract  of  the  defendant  shall  be
    admitted as proof of any prior conviction.
    (e)  After a finding of guilt  and  prior  to  any  final
sentencing, or an order for supervision, for an offense based
upon  an  arrest for a violation of this Section or a similar
provision of a local ordinance, individuals shall be required
to undergo a  professional  evaluation  to  determine  if  an
alcohol,  drug, or intoxicating compound abuse problem exists
and the extent of the problem, and undergo the imposition  of
treatment   as   appropriate.   Programs   conducting   these
evaluations  shall  be  licensed  by  the Department of Human
Services.  The cost of any professional evaluation  shall  be
paid   for   by   the  individual  required  to  undergo  the
professional evaluation.
    (e-1)  Any person who is found guilty of or pleads guilty
to violating this Section, including any person  receiving  a
disposition  of court supervision for violating this Section,
may be required by the Court to attend a victim impact  panel
offered   by,  or  under  contract  with,  a  County  State's
Attorney's office, a probation and court services department,
Mothers  Against  Drunk  Driving,  or  the  Alliance  Against
Intoxicated Motorists. All  costs  generated  by  the  victim
impact  panel  shall  be  paid  from  fees collected from the
offender or as may be determined by the court.
    (f)  Every person found guilty of violating this Section,
whose operation of a motor vehicle 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  under  Section
5-5-3 of the Unified Code of Corrections.
    (g)  The  Secretary  of  State  shall  revoke the driving
privileges of any person convicted under this  Section  or  a
similar provision of a local ordinance.
    (h)  Every person sentenced under paragraph (2) or (3) of
subsection  (c-1)  of  this Section or subsection (d) of this
Section and who receives a term of probation  or  conditional
discharge shall be required to serve a minimum term of either
60  days  community  service  or 10 days of imprisonment as a
condition of the probation or  conditional  discharge.   This
mandatory  minimum  term  of  imprisonment  or  assignment of
community service shall not be suspended  and  shall  not  be
subject to reduction by the court.
    (i)  The  Secretary  of  State  shall  require the use of
ignition interlock  devices  on  all  vehicles  owned  by  an
individual  who  has been convicted of a second or subsequent
offense of this Section or a similar  provision  of  a  local
ordinance.    The  Secretary  shall  establish  by  rule  and
regulation the procedures for certification and  use  of  the
interlock system.
    (j)  In  addition to any other penalties and liabilities,
a person who is found guilty of or pleads guilty to violating
this  Section,  including  any   person   placed   on   court
supervision  for violating this Section, shall be fined $100,
payable to the circuit clerk, who shall distribute the  money
to  the  law enforcement agency that made the arrest.  If the
person  has  been  previously  convicted  of  violating  this
Section or a similar provision of a local ordinance, the fine
shall be $200.  In the event that more  than  one  agency  is
responsible  for the arrest, the $100 or $200 shall be shared
equally.  Any moneys received by  a  law  enforcement  agency
under  this  subsection  (j)  shall  be  used to purchase law
enforcement equipment that will assist in the  prevention  of
alcohol related criminal violence throughout the State.  This
shall  include,  but is not limited to, in-car video cameras,
radar and laser speed detection devices, and  alcohol  breath
testers.  Any  moneys  received  by  the  Department of State
Police under this subsection (j) shall be deposited into  the
State  Police  DUI  Fund  and  shall  be used to purchase law
enforcement equipment that will assist in the  prevention  of
alcohol related criminal violence throughout the State.
(Source: P.A.  91-126,  eff.  7-16-99;  91-357, eff. 7-29-99;
91-692, eff. 4-13-00;  91-822,  eff.  6-13-00;  92-248,  eff.
8-3-01;  92-418,  eff. 8-17-01; 92-420, eff. 8-17-01; 92-429,
eff. 1-1-02; 92-431, eff. 1-1-02; 92-651, eff. 7-11-02.)

    Section 4.  The Snowmobile Registration and Safety Act is
amended by changing Sections 2-2, 5-7, 5-7.1,  5-7.2,  5-7.3,
5-7.4, and 5-7.5 and adding Section 5-7.6 as follows:

    (625 ILCS 40/2-2) (from Ch. 95 1/2, par. 602-2)
    Sec. 2-2.  Inspection; seizure; impoundment.
    (a)  Agents  of  the  Department or other duly authorized
police officers may stop and inspect any  snowmobile  at  any
time for the purpose of determining if the provisions of this
Act  are  being  complied  with. If the inspecting officer or
agent discovers any violation of the provisions of this  Act,
he  must  issue  a summons to the operator of such snowmobile
requiring that the operator appear before the  circuit  court
for the county within which the offense was committed.
    (b)  Every  snowmobile  subject to this Act, if under way
and  upon  being  hailed  by  a  designated  law  enforcement
officer, must stop immediately.
    (c)  Agents of the Department and other  duly  authorized
police  officers  may  seize  and  impound,  at  the  owner's
expense,   any  snowmobile  involved  in  an  accident  or  a
violation of subsection B of Section 5-1 or of Section 5-7 of
this Act.
    (d)  If a snowmobile is causing a traffic hazard  because
of  its  position  in relation to the highway or its physical
appearance is causing the impeding of traffic, its  immediate
removal  from the highway or private property adjacent to the
highway by a towing  service  may  be  authorized  by  a  law
enforcement agency having jurisdiction.
    (e)  Whenever  a peace officer reasonably believes that a
person under arrest  for  a  violation  of  subsection  B  of
Section  5-1  or Section 5-7 of this Act or similar provision
of a local ordinance, is likely, upon release,  to  commit  a
subsequent  violation  of  subsection  B  of  Section  5-1 or
Section 5-7 or a similar provision of a local ordinance,  the
arresting  officer shall have the snowmobile which the person
was operating at the time  of  the  arrest  impounded  for  a
period  of  not  more  than  12  hours  after the time of the
arrest. The snowmobile may be released by the  arresting  law
enforcement  agency  without  impoundment, or may be released
prior to the end of the impoundment period, however, if:
         (1)  the snowmobile was  not  owned  by  the  person
    under  arrest, and the lawful owner requesting release of
    the snowmobile possesses proof of  ownership,  and  would
    not,  as  determined  by  the  arresting  law enforcement
    agency: (i) indicate a  lack  of  ability  to  operate  a
    snowmobile  in  a  safe  manner,  or  (ii)  otherwise, by
    operating the snowmobile, be in violation of this Act; or
         (2)  the snowmobile is owned  by  the  person  under
    arrest,  and  the person under arrest gives permission to
    another person to operate the snowmobile, and  the  other
    person  would  not,  as  determined  by the arresting law
    enforcement agency: (i) indicate a  lack  of  ability  to
    operate a snowmobile in a safe manner, or (ii) otherwise,
    by operating the snowmobile, be in violation of this Act.
(Source: P.A. 77-1312.)

    (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
    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; or
         5.  There  is  any  amount  of a drug, substance, or
    compound  in  that  person's  breath,  blood,  or   urine
    resulting   from  the  unlawful  use  or  consumption  of
    cannabis  listed  in  the  Cannabis   Control   Act,   or
    controlled  substance  listed  in the Illinois Controlled
    Substances 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,  or
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.
    (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; or
         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 under Section
5-5-3 of the Unified Code of Corrections.
    (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. In  the  event  that  more  than  one  agency  is
responsible for the arrest, the $100 shall be shared 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  Conservation  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  receiving
supervision   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  or
for  a  period  of  5  years  if the person is convicted of a
felony under this Section.
(Source: P.A. 92-615, eff. 1-1-03.)

    (625 ILCS 40/5-7.1)
    Sec. 5-7.1.  Implied consent.
    (a)  A person who  operates  or  is  in  actual  physical
control of a snowmobile in this State is deemed to have given
consent  to  a  chemical  test  or tests of blood, breath, or
urine for the purpose of determining the content of  alcohol,
or  other  drug or drugs, intoxicating compound or compounds,
or a combination of them in content of that person's blood if
arrested for a violation of Section 5-7.  The  chemical  test
or  tests  shall  be  administered  at  the  direction of the
arresting officer. The law enforcement agency  employing  the
officer shall designate which tests shall be administered.  A
urine  test  may be administered even after a blood or breath
test or both has been administered.
    (a-1)  For the purposes of this Section, an Illinois  law
enforcement  officer  of  this State who is investigating the
person for any offense defined in Section 5-7 may travel into
an adjoining state, where the person has been transported for
medical care to complete an investigation and to request that
the person submit to the test or  tests  set  forth  in  this
Section.  The requirements of this Section that the person be
arrested are inapplicable, but the officer  shall  issue  the
person  a  uniform  citation  for  an  offense  as defined in
Section 5-7 or a similar provision of a local ordinance prior
to requesting that the person submit to the  test  or  tests.
The  issuance of the uniform citation shall not constitute an
arrest, but shall be for the purpose of notifying the  person
that  he  or she is subject to the provisions of this Section
and of the officer's belief  of  the  existence  of  probable
cause  to  arrest.  Upon returning to this State, the officer
shall file the uniform citation with the circuit clerk of the
county where the offense was committed  and  shall  seek  the
issuance of an arrest warrant or a summons for the person.
    (a-2)  Notwithstanding  any  ability to refuse under this
Act to submit to these tests or any  ability  to  revoke  the
implied  consent to these tests, if a law enforcement officer
has probable cause to believe that a snowmobile  operated  by
or  under  actual  physical  control  of  a  person under the
influence of  alcohol,  other  drug  or  drugs,  intoxicating
compound  or compounds, or any combination of them has caused
the death or personal injury to another,  that  person  shall
submit,  upon  the request of a law enforcement officer, to a
chemical test or tests of his or her blood, breath, or  urine
for  the  purpose  of  determining the alcohol content or the
presence of any other drug or combination of  both.  For  the
purposes  of  this Section, a personal injury includes severe
bleeding wounds, distorted  extremities,  and  injuries  that
require  the  injured  party to be carried from the scene for
immediate professional attention in either a doctor's  office
or a medical facility.
    (b)  A  person  who  is  dead,  unconscious,  or  who  is
otherwise  in  a condition rendering that person incapable of
refusal, is deemed not to have withdrawn the consent provided
in subsection (a), and the test or tests may be administered.
    (c)  A person requested to submit to a test  as  provided
in  this  Section  shall  be  verbally  advised  by  the  law
enforcement  officer  requesting  the  test that a refusal to
submit to the test will result in suspension of that person's
privilege to operate a snowmobile for a minimum of 2 years.
    (d)  Following this warning, if  a  person  under  arrest
refuses  upon  the  request  of  a law enforcement officer to
submit to a test designated by the officer, no tests test may
be given, but the law enforcement officer shall file with the
clerk of the circuit court for the county in which the arrest
was made, and with the Department  of  Natural  Resources,  a
sworn  statement  naming  the  person  refusing  to  take and
complete the chemical  test  or  tests  requested  under  the
provisions  of  this  Section.   The  sworn  statement  shall
identify  the arrested person, the person's current residence
address and shall specify that a refusal by  that  person  to
take the chemical test or tests was made. The sworn statement
shall  include  a  statement  that the officer had reasonable
cause to believe the person was operating or  was  in  actual
physical  control  of  the snowmobile within this State while
under the influence of alcohol, or other drug  or  drugs,  an
intoxicating  compound  or compound, or a combination of them
and that a chemical  test  or  tests  were  requested  as  an
incident to and following the lawful arrest for an offense as
defined  in  Section  5-7  or  a similar provision of a local
ordinance, and that the person, after being arrested  for  an
offense  arising  out  of acts alleged to have been committed
while operating  a  snowmobile,  refused  to  submit  to  and
complete  a  chemical  test  or tests as requested by the law
enforcement officer.
    (e)  The law enforcement  officer  submitting  the  sworn
statement  shall  serve  immediate  written  notice  upon the
person refusing the chemical test or tests that the  person's
privilege  to  operate a snowmobile within this State will be
suspended for a period of 2 years unless, within 28 days from
the date of the notice, the  person  requests  in  writing  a
hearing  on the suspension. The clerk shall notify the person
in  writing  that  the  person's  privilege  to   operate   a
snowmobile will be suspended for a minimum of 2 years unless,
within  28  days from the date of mailing of the notice, that
person requests a hearing in writing.
    If the person desires a hearing, the person shall file  a
complaint  in  the  circuit  court  in  the county where that
person was arrested within 28 days from the date  of  mailing
of the notice.  The hearing shall proceed in the court in the
same  manner  as  other civil proceedings.  The hearing shall
cover only the following issues:  (1) whether the person  was
placed  under arrest for an offense as defined in Section 5-7
or a similar provision of a local ordinance as  evidenced  by
the   issuance  of  a  uniform  citation;   (2)  whether  the
arresting officer had reasonable grounds to believe that  the
person  was  operating a snowmobile while under the influence
of alcohol, or other drug or drugs, an intoxicating  compound
or  compounds, or a combination of them; and (3) whether that
person refused to submit to and complete the chemical test or
tests upon  the  request  of  the  law  enforcement  officer.
Whether  the  person was informed that the person's privilege
to operate a snowmobile would be  suspended  if  that  person
refused to submit to the chemical test or tests may not be an
issue in the hearing.
    If  the  person  fails  to  request  a hearing in writing
within 28 days of the date of the notice, or if a hearing  is
held  and  the  court  finds against the person on the issues
before the court, the  clerk  shall  immediately  notify  the
Department  of  Natural Resources Conservation of the court's
decision, and the Department  shall  suspend  the  snowmobile
operation privileges of that person for at least 2 years.
    (f)  (Blank)  If the person fails to request a hearing in
writing within 28 days of the date of mailing of the  notice,
the   clerk   shall  immediately  notify  the  Department  of
Conservation that no  request  for  a  hearing  was  received
within  the  statutory  time period, and the Department shall
suspend the snowmobile operation privileges  of  that  person
for at least 2 years.
    (f-1)  If  the person submits to a test that discloses an
alcohol concentration of 0.08 or more, or  any  amount  of  a
drug,  substance,  or  intoxicating  compound in the person's
breath, blood, or urine resulting from the  unlawful  use  of
cannabis  listed  in  the  Cannabis Control Act, a controlled
substance listed in the Illinois Controlled  Substances  Act,
or an intoxicating compound listed in the Use of Intoxicating
Compounds  Act, the law enforcement officer shall immediately
submit a sworn report to the circuit clerk of venue  and  the
Department  of Natural Resources, certifying that the test or
tests was or were requested under subsection  (a-1)  of  this
Section and the person submitted to testing that disclosed an
alcohol concentration of 0.08 or more.
    In cases where the blood alcohol concentration of 0.08 or
greater  or  any  amount  of  drug,  substance,  or  compound
resulting  from  the  unlawful  use of cannabis, a controlled
substance, or an intoxicating compound is  established  by  a
subsequent  analysis  of blood or urine collected at the time
of arrest, the arresting officer or  arresting  agency  shall
immediately  submit  a  sworn  report to the circuit clerk of
venue and the Department of Natural Resources upon receipt of
the test results.
    (g)  A person must submit to each chemical  test  offered
by  the  law  enforcement  officer  in  order  to comply with
implied consent provisions of this Section.
    (h)  The provision of Section 11-501.2  of  the  Illinois
Vehicle Code concerning the certification and use of chemical
tests applies to the use of those tests under this Section.
(Source: P.A. 89-55, eff. 1-1-96.)

    (625 ILCS 40/5-7.2)
    Sec. 5-7.2.  Chemical and other tests.
    (a)  Upon  the  trial  of  a  civil or criminal action or
proceeding arising out of acts alleged to have been committed
while under the influence of alcohol,  the  concentration  of
alcohol  in  the person's blood or breath at the time alleged
as shown by analysis of the person's blood, urine, breath, or
other  bodily  substance  gives  rise  to  the   presumptions
specified  in  subdivisions  1, 2, and 3 of subsection (b) of
Section 11-501.2 of the Illinois Vehicle Code.
    (b)  The  provisions  of  subsection  (a)  shall  not  be
construed as limiting the introduction of any other  relevant
evidence  bearing  upon  the  question whether the person was
under the influence of alcohol.
    (c)  If a person under arrest  refuses  to  submit  to  a
chemical test under the provisions of Section 5-7.1, evidence
of  refusal  is  admissible  in a civil or criminal action or
proceeding arising out of acts alleged to have been committed
while the person under the influence  of  alcohol,  or  other
drug  or  drugs,  an intoxicating compound or compounds, or a
combination of them was operating a snowmobile.
(Source: P.A. 89-55, eff. 1-1-96; 90-215, eff. 1-1-98.)

    (625 ILCS 40/5-7.3)
    Sec. 5-7.3.  Supervision  of  operator;  notification;  6
hour operating limitation.
    (a)  The   owner   of   a   snowmobile  or  person  given
supervisory authority over a snowmobile,  may  not  knowingly
permit  a  snowmobile  to  be  operated by a person under the
influence of alcohol, other drug or  drugs,  an  intoxicating
compound or compounds, or a combination of them.
    (b)  Whenever  a person is convicted or found guilty of a
violation of Section 5-7,  including  any  person  placed  on
court  supervision,  the court shall notify the Office of Law
Enforcement of the Department of Natural Resources  with  the
records  essential  for  the  performance of the Department's
duties to monitor and  enforce  an  order  of  suspension  or
revocation  concerning  the  person's  privilege to operate a
snowmobile.
    (c)  A person who has  been  arrested  and  charged  with
violating  Section  5-7  may  not operate a snowmobile within
this State for a period of 24 6  hours  after  that  person's
arrest.
(Source: P.A. 89-55, eff. 1-1-96.)

    (625 ILCS 40/5-7.4)
    Sec.  5-7.4.   Admissibility  of  chemical tests of blood
conducted  in  the  regular  course  of  providing  emergency
medical treatment alcohol tests.
    (a)  Notwithstanding any  other  provision  of  law,  the
written  results  of  blood  alcohol  tests performed for the
purpose of determining the content of alcohol, other drug  or
drugs, intoxicating compound or compounds, or any combination
of  them  in  an  individual's  blood  conducted upon persons
receiving medical treatment in a hospital emergency room, are
admissible in evidence as a business record exception to  the
hearsay  rule only in prosecutions for a violation of Section
5-7 of this Act or a similar provision of a  local  ordinance
or  in  prosecutions  for reckless homicide brought under the
Criminal Code of 1961.
    The results of the tests are admissible only when each of
the following criteria are met:
         1.  The   chemical   tests   performed    upon    an
    individual's  blood were ordered in the regular course of
    providing emergency treatment and not at the  request  of
    law  enforcement authorities; and The blood alcohol tests
    were ordered by a  physician  on  duty  at  the  hospital
    emergency  room  and were performed in the regular course
    of providing emergency  medical  treatment  in  order  to
    assist the physician in diagnosis or treatment;

         2.  The    chemical    tests   performed   upon   an
    individual's  blood  were  performed  by  the  laboratory
    routinely used by the hospital. The blood  alcohol  tests
    were performed by the hospital's own laboratory; and
         3.  (Blank) The written results of the blood alcohol
    tests  were  received  and considered by the physician on
    duty at  the  hospital  emergency  room  to  assist  that
    physician in diagnosis or treatment.
    Results  of chemical tests performed upon an individual's
blood are admissible into evidence  regardless  of  the  time
that the records were prepared.
    (b)  The  confidentiality provisions of law pertaining to
medical records and medical treatment are not applicable with
regard to chemical  blood  alcohol  tests  performed  upon  a
person's  blood or urine under the provisions of this Section
in prosecutions  as  specified  in  subsection  (a)  of  this
Section.   No  person  shall be liable for civil damages as a
result of the evidentiary use  of  the  results  of  chemical
testing of the individual's blood alcohol tests results under
this  Section  or as a result of that person's testimony made
available under this Section.
(Source: P.A. 89-55, eff. 1-1-96; 89-626, eff. 8-9-96.)

    (625 ILCS 40/5-7.5)
    Sec. 5-7.5.  Preliminary breath screening test.  If a law
enforcement officer has reasonable suspicion  probable  cause
to believe that a person is violating or has violated Section
5-7 or a similar provision of a local ordinance, the officer,
before  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 State
Police.  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 5-7.1
and 5-7.2 and the appropriate type of test to  request.   Any
chemical  test  authorized under Sections 5-7.1 and 5-7.2 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  an
administrative  or  court proceeding involving a violation of
Section 5-7 or 5-7.1.
(Source: P.A. 91-828, eff. 1-1-01.)

    (625 ILCS 40/5-7.6 new)
    Sec. 5-7.6.  Reporting of test results of blood or  urine
conducted  in  the  regular  course  of  providing  emergency
medical treatment.
    (a)  Notwithstanding  any  other  provision  of  law, the
results of blood or urine tests performed for the purpose  of
determining  the  content  of  alcohol,  other drug or drugs,
intoxicating compound or compounds,  or  any  combination  of
them  in  an  individual's  blood  or  urine,  conducted upon
persons receiving medical treatment in a  hospital  emergency
room for injuries resulting from a snowmobile accident, shall
be disclosed to the Department of Natural Resources, or local
law  enforcement  agencies of jurisdiction, upon request. The
blood or urine tests are admissible in evidence as a business
record exception to the hearsay rule only in prosecutions for
violations of Section 5-7 of this Code or a similar provision
of  a  local  ordinance,  or  in  prosecutions  for  reckless
homicide brought under the Criminal Code of 1961.
    (b)  The confidentiality provisions of the law pertaining
to  medical  records  and  medical  treatment  shall  not  be
applicable  with  regard   to   tests   performed   upon   an
individual's   blood   or   urine  under  the  provisions  of
subsection (a) of this Section. No person shall be liable for
civil damages or  professional  discipline  as  a  result  of
disclosure  or  reporting of the tests or the evidentiary use
of an individual's blood or urine  test  results  under  this
Section  or  Section  5-7.4  or  as a result of that person's
testimony made available under this Section or Section 5-7.4,
except for willful or wanton misconduct.

    Section 5.  The  Boat  Registration  and  Safety  Act  is
amended  by changing Sections 2-2, 5-16, and 5-16a and adding
Section 5-16a.1 as follows:

    (625 ILCS 45/2-2) (from Ch. 95 1/2, par. 312-2)
    Sec. 2-2.  Inspection; removal; impoundment.
    (a)  Agents of the Department or  other  duly  authorized
police  officers  may  board and inspect any boat at any time
for the purpose of determining if this Act is being  complied
with.   If  the  boarding  officer  or  agent  discovers  any
violation of this Act, he may issue a summons to the operator
of  the  boat  requiring  that the operator appear before the
circuit court for the county within  which  the  offense  was
committed.
    (b)  Every  vessel  subject to this Act, if under way and
upon being hailed by a designated  law  enforcement  officer,
must stop immediately and lay to.
    (c)  Agents  of  the Department and other duly authorized
police officers may enforce all federal laws and  regulations
which have been mutually agreed upon by the federal and state
governments and are applicable to the operation of watercraft
on navigable waters and federal impoundments where concurrent
jurisdiction   exists   between   the   federal   and   state
governments.
    (d)  Agents  of  the Department and other duly authorized
police officers may seize and impound,  at  the  owner's   or
operator's  expense,  any  watercraft  involved in  a boating
accident or a violation of Section 3A-21, 5-1, 5-2,  or  5-16
of this Act.
    (e)  If  a watercraft is causing a traffic hazard because
of its position on a waterway or its physical  appearance  is
causing  the  impeding of traffic, its immediate removal from
the waterway by a towing service may be authorized by  a  law
enforcement agency having jurisdiction.
    (f)  Whenever  a peace officer reasonably believes that a
person under arrest for a violation of Section  5-1,  5-2  or
5-16  of  this Act or similar provision of a local ordinance,
is likely, upon release, to commit a subsequent violation  of
Section  5-1,  5-2  or 5-16 or a similar provision of a local
ordinance, the arresting officer shall  have  the  watercraft
which  the  person  was  operating  at the time of the arrest
impounded for a period of not more than 12  hours  after  the
time  of  the  arrest.  The watercraft may be released by the
arresting law enforcement agency without impoundment, or  may
be  released  prior  to  the  end  of the impoundment period,
however, if:
         (1) the watercraft was not owned by the person under
    arrest, and the lawful owner requesting release possesses
    proof of ownership, and would not, as determined  by  the
    arresting  law enforcement agency: (i) indicate a lack of
    ability to operate a watercraft in a safe manner, or (ii)
    otherwise, by operating the watercraft, be  in  violation
    of this Act; or
         (2)  the  watercraft  is  owned  by the person under
arrest, and the  person  under  arrest  gives  permission  to
another  person  to  operate  the  watercraft,  and the other
person  would  not,  as  determined  by  the  arresting   law
enforcement agency: (i) indicate a lack of ability to operate
a  watercraft  in  a  safe  manner,  or  (ii)  otherwise,  by
operating the watercraft, be in violation of this Act.
(Source: P.A. 87-798; 88-670, eff. 12-2-94.)
    (625 ILCS 45/5-16)
    Sec. 5-16.  Operating a watercraft under the influence of
alcohol,  other  drug  or  drugs,  intoxicating  compound  or
compounds, or combination thereof.
    (A) 1.  A  person  shall  not  operate  or  be  in actual
    physical control of  any  watercraft  within  this  State
    while:
              (a)  The alcohol concentration in such person's
         blood  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;
              (b)  Under the influence of alcohol;
              (c)  Under the influence of any other  drug  or
         combination  of drugs to a degree which renders such
         person incapable of safely operating any watercraft;
              (c-1) Under the influence of  any  intoxicating
         compound or combination of intoxicating compounds to
         a degree that renders the person incapable of safely
         operating any watercraft;
              (d)  Under  the  combined  influence of alcohol
         and any other  drug  or  drugs  to  a  degree  which
         renders  such person incapable of safely operating a
         watercraft; or
              (e)  There is any amount of a drug,  substance,
         or compound in the person's blood or urine resulting
         from  the  unlawful  use  or consumption of cannabis
         listed as defined in the Cannabis Control Act, or  a
         controlled   substance   listed   in   the  Illinois
         Controlled  Substances  Act,  or   an   intoxicating
         compound listed in the Use of Intoxicating Compounds
         Act.
         2.  The  fact that any person charged with violating
    this Section is or  has  been  legally  entitled  to  use
    alcohol,   or  other  drug  or  drugs,  any  intoxicating
    compound or compounds, or any combination of  them  both,
    shall  not  constitute  a  defense  against any charge of
    violating this Section.
         3.  Every person convicted of violating this Section
    shall be guilty of  a  Class  A  misdemeanor,  except  as
    otherwise provided in this Section.
         4.  Every person convicted of violating this Section
    shall be guilty of a Class 4 felony if:
              (a)  He  has  a  previous conviction under this
         Section; or
              (b)  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 subparagraph (b), if sentenced to
         a term of imprisonment, shall be sentenced to a term
         of not less than one year nor more than 12 years; or
              (c)  The offense occurred during  a  period  in
         which  his or her privileges to operate a watercraft
         are revoked or  suspended,  and  the  revocation  or
         suspension  was  for  a violation of this Section or
         was imposed under subsection (B).
         5.  Every person convicted of violating this Section
    shall be 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 paragraph 5, 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.
         5.1.  A  person  convicted of violating this Section
    or a similar provision of a local  ordinance  who  had  a
    child  under  the  age of 16 aboard the watercraft at the
    time of offense is subject to a mandatory minimum fine of
    $500 and to a mandatory minimum of  5 days  of  community
    service in a program benefiting children.  The assignment
    under this paragraph 5.1 is not subject to suspension and
    the  person  is  not  eligible  for probation in order to
    reduce the assignment.
         5.2.  A  person  found  guilty  of  violating   this
    Section, if his or her operation of a watercraft while in
    violation of this Section proximately caused any incident
    resulting in an appropriate emergency response, is liable
    for  the  expense  of  an  emergency response as provided
    under Section 5-5-3 of the Unified Code of Corrections.
         5.3.  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.   In  the  event
    that  more than one agency is responsible for the arrest,
    the $100 shall be shared equally.  Any moneys received by
    a law enforcement agency under this paragraph  5.3  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.
         6. (a)  In  addition  to  any   criminal   penalties
         imposed,  the  Department of Natural Resources shall
         suspend the watercraft operation privileges  of  any
         person  convicted  or  found guilty of a misdemeanor
         under this Section for a period of one year,  except
         that  a  first  time  offender  is  exempt from this
         mandatory one year suspension.
              (b)  In  addition  to  any  criminal  penalties
         imposed, the Department of Natural  Resources  shall
         suspend  the  watercraft operation privileges of any
         person convicted of a felony under this Section  for
         a period of 3 years.
    (B) 1.  Any  person who operates or is in actual physical
    control of any watercraft upon the waters of  this  State
    shall  be deemed to have given consent to a chemical test
    or tests of blood, breath or urine  for  the  purpose  of
    determining  the content of alcohol, other drug or drugs,
    intoxicating  compound  or  compounds,   or   combination
    thereof in the content of such person's blood if arrested
    for  any  offense  of  subsection (A) above. The chemical
    test or tests shall be administered at the  direction  of
    the   arresting   officer.  The  law  enforcement  agency
    employing the officer shall designate which of the  tests
    shall  be administered.  A urine test may be administered
    even after a blood  or  breath  test  or  both  has  been
    administered.
         1.1.  For  the purposes of this Section, an Illinois
    Law  Enforcement   officer   of   this   State   who   is
    investigating  the  person  for  any  offense  defined in
    Section 5-16 may travel into an  adjoining  state,  where
    the  person  has  been  transported  for  medical care to
    complete an  investigation,  and  may  request  that  the
    person  submit  to  the  test  or tests set forth in this
    Section.  The  requirements  of  this  Section  that  the
    person  be  arrested  are  inapplicable,  but the officer
    shall issue the person a uniform citation for an  offense
    as  defined  in  Section 5-16 or a similar provision of a
    local ordinance  prior  to  requesting  that  the  person
    submit to the test or tests.  The issuance of the uniform
    citation shall not constitute an arrest, but shall be for
    the  purpose  of  notifying  the person that he or she is
    subject to the provisions of  this  Section  and  of  the
    officer's  belief  in  the existence of probable cause to
    arrest.  Upon returning to this State, the officer  shall
    file  the  uniform citation with the circuit clerk of the
    county where the offense was committed and shall seek the
    issuance of an  arrest  warrant  or  a  summons  for  the
    person.
         1.2.  Notwithstanding  any  ability  to refuse under
    this Act to submit to  these  tests  or  any  ability  to
    revoke  the  implied  consent  to  these  tests, if a law
    enforcement officer has probable cause to believe that  a
    watercraft  operated  by or under actual physical control
    of a person under the influence of alcohol, other drug or
    drugs,  intoxicating  compound  or  compounds,   or   any
    combination  of  them has caused the death of or personal
    injury to another, that person  shall  submit,  upon  the
    request  of a law enforcement officer, to a chemical test
    or tests of his or her blood, breath, or  urine  for  the
    purpose   of  determining  the  alcohol  content  or  the
    presence of any other  drug,  intoxicating  compound,  or
    combination of them.  For the purposes of this Section, a
    personal   injury   includes   severe   bleeding  wounds,
    distorted extremities,  and  injuries  that  require  the
    injured  party to be carried from the scene for immediate
    professional attention in either a doctor's office  or  a
    medical facility.
         2.  Any  person  who  is dead, unconscious or who is
    otherwise in a condition rendering such person  incapable
    of  refusal,  shall  be  deemed not to have withdrawn the
    consent provided above, and the test may be administered.
         3.  A person requested to submit to a chemical  test
    as  provided  above  shall be verbally advised by the law
    enforcement officer requesting the test that a refusal to
    submit to the test will  result  in  suspension  of  such
    person's  privilege to operate a watercraft for a minimum
    of 2 years. Following this warning,  if  a  person  under
    arrest  refuses  upon  the  request  of a law enforcement
    officer to submit to a test designated by the officer, no
    test none shall be given, but the law enforcement officer
    shall file with the clerk of the circuit  court  for  the
    county  in  which  the  arrest  was  made,  and  with the
    Department of Natural Resources, a sworn statement naming
    the person refusing to take  and  complete  the  chemical
    test  or  tests  requested  under  the provisions of this
    Section.   Such  sworn  statement  shall   identify   the
    arrested  person, such person's current residence address
    and shall specify that a refusal by such person  to  take
    the   chemical  test  or  tests  was  made.   Such  sworn
    statement shall include a statement  that  the  arresting
    officer  had  reasonable  cause to believe the person was
    operating or  was  in  actual  physical  control  of  the
    watercraft within this State while under the influence of
    alcohol,  other  drug  or drugs, intoxicating compound or
    compounds, or combination thereof and that such  chemical
    test  or  tests were made as an incident to and following
    the lawful arrest for  an  offense  as  defined  in  this
    Section  or a similar provision of a local ordinance, and
    that the person  after  being  arrested  for  an  offense
    arising  out of acts alleged to have been committed while
    so operating  a  watercraft  refused  to  submit  to  and
    complete a chemical test or tests as requested by the law
    enforcement officer.
         3.1.  The  law  enforcement  officer  submitting the
    sworn statement  as  provided  in  paragraph  3  of  this
    subsection  (B) shall serve immediate written notice upon
    the person refusing the chemical test or tests  that  the
    person's  privilege  to  operate a watercraft within this
    State will be suspended for a period of 2  years  unless,
    within  28  days  from the date of the notice, the person
    requests in writing a hearing on the suspension.
         The clerk shall  thereupon  notify  such  person  in
    writing   that   the  person's  privilege  to  operate  a
    watercraft will be suspended unless, within 28 days  from
    the  date  of  mailing  of  the notice, such person shall
    request in writing  a  hearing  thereon;  If  the  person
    desires  a hearing, such person shall file a complaint in
    the circuit court for and in the  county  in  which  such
    person  was arrested for such hearing. Such hearing shall
    proceed in the court in the same manner  as  other  civil
    proceedings,  shall  cover only the issues of whether the
    person was placed under arrest for an offense as  defined
    in  this  Section  or  a  similar  provision  of  a local
    ordinance as evidenced  by  the  issuance  of  a  uniform
    citation;  whether  the  arresting officer had reasonable
    grounds to believe  that  such  person  was  operating  a
    watercraft  while  under  the influence of alcohol, other
    drug or drugs, intoxicating  compound  or  compounds,  or
    combination  thereof;  and whether such person refused to
    submit and complete the chemical test or tests  upon  the
    request  of  the  law  enforcement  officer.  Whether the
    person was  informed  that  such  person's  privilege  to
    operate  a  watercraft  would be suspended if such person
    refused to submit to the chemical test or tests shall not
    be an issue.
         If the person fails to request in writing a  hearing
    within  28  days from the date of notice, or if a hearing
    is held and the court finds against  the  person  on  the
    issues  before  the  court,  the  clerk shall immediately
    notify the Department of Natural Resources of the court's
    decision, and the Department shall suspend the watercraft
    operation privileges of the person for at least 2 years.
         3.2.  If the person submits to a test that discloses
    an alcohol concentration of 0.08 or more, or  any  amount
    of  a  drug,  substance  or  intoxicating compound in the
    person's breath,  blood,  or  urine  resulting  from  the
    unlawful  use  of cannabis listed in the Cannabis Control
    Act,  a  controlled  substance  listed  in  the  Illinois
    Controlled Substances Act, or  an  intoxicating  compound
    listed  in the Use of Intoxicating Compounds Act, the law
    enforcement officer  shall  immediately  submit  a  sworn
    report  to  the circuit clerk of venue and the Department
    of Natural Resources, certifying that the test  or  tests
    were  requested  under paragraph 1 of this subsection (B)
    and the person submitted to  testing  that  disclosed  an
    alcohol concentration of 0.08 or more.
         In  cases  where  the blood alcohol concentration of
    0.08 or greater or  any  amount  of  drug,  substance  or
    compound  resulting  from the unlawful use of cannabis, a
    controlled  substance  or  an  intoxicating  compound  is
    established by a subsequent analysis of  blood  or  urine
    collected at the time of arrest, the arresting officer or
    arresting  agency shall immediately submit a sworn report
    to the circuit clerk  of  venue  and  the  Department  of
    Natural Resources upon receipt of the test results.
         4.  A  person  must  submit  to  each  chemical test
    offered by the law enforcement officer in order to comply
    with the implied consent provisions of this Section.
         5.  The  provisions  of  Section  11-501.2  of   the
    Illinois   Vehicle   Code,  as  amended,  concerning  the
    certification and use of chemical tests apply to the  use
    of such tests under this Section.
    (C)  Upon  the  trial  of any civil or criminal action or
proceeding arising out of acts alleged to have been committed
by any person while operating a watercraft  while  under  the
influence  of  alcohol,  the  concentration of alcohol in the
person's blood or breath at the  time  alleged  as  shown  by
analysis  of a person's blood, urine, breath, or other bodily
substance shall give rise to the  presumptions  specified  in
subdivisions  1,  2,  and  3  of  subsection  (b)  of Section
11-501.2  of  the  Illinois   Vehicle   Code. The   foregoing
provisions  of  this subsection (C) shall not be construed as
limiting the introduction  of  any  other  relevant  evidence
bearing  upon  the  question whether the person was under the
influence of alcohol.
    (D)  If a person under arrest  refuses  to  submit  to  a
chemical  test under the provisions of this Section, evidence
of refusal shall be  admissible  in  any  civil  or  criminal
action or proceeding arising out of acts alleged to have been
committed while the person under the influence of alcohol, or
other  drug  or drugs, intoxicating compound or compounds, or
combination of them both was operating a watercraft.
    (E)  The owner of any  watercraft  or  any  person  given
supervisory  authority  over  a watercraft, may not knowingly
permit a watercraft to be operated by any  person  under  the
influence  of  alcohol,  other  drug  or  drugs, intoxicating
compound or compounds, or combination thereof.
    (F)  Whenever any person is convicted or found guilty  of
a  violation  of this Section, including any person placed on
court supervision, the court shall notify the Office Division
of Law Enforcement of the Department of Natural Resources, to
provide the Department with the  records  essential  for  the
performance of the Department's duties to monitor and enforce
any   order   of  suspension  or  revocation  concerning  the
privilege to operate a watercraft.
    (G)  No person who has  been  arrested  and  charged  for
violating paragraph 1 of subsection (A) of this Section shall
operate any watercraft within this State for a period of 24 6
hours after such arrest.
(Source: P.A. 92-615, eff. 1-1-03.)
    (625 ILCS 45/5-16a) (from Ch. 95 1/2, par. 315-11a)
    Sec.  5-16a.   Admissibility of chemical tests of written
blood alcohol test results conducted in the regular course of
providing emergency medical treatment.
    (a)  Notwithstanding any  other  provision  of  law,  the
written results of blood alcohol tests conducted upon persons
receiving  medical treatment in a hospital emergency room are
admissible in evidence as a business record exception to  the
hearsay  rule  only  in  prosecutions  for  any  violation of
Section 5-16 of this Act or a similar provision  of  a  local
ordinance  or  in  prosecutions for reckless homicide brought
under the Criminal Code of 1961, when:
         (1)  the   chemical   tests   performed   upon    an
    individual's  blood were ordered in the regular course of
    providing emergency treatment and not at the  request  of
    law enforcement authorities; and
         (2)  the    chemical   tests   performed   upon   an
    individual's  blood  were  performed  by  the  laboratory
    routinely used by the hospital.
    Results of chemical tests performed upon an  individual's
blood  are  admissible  into  evidence regardless of the time
that  the  records  were  prepared.  each  of  the  following
criteria are met:
         (1)  the blood  alcohol  tests  were  ordered  by  a
    physician on duty at the hospital emergency room and were
    performed  in  the  regular course of providing emergency
    medical treatment in order to  assist  the  physician  in
    diagnosis or treatment;
         (2)  the  blood  alcohol tests were performed by the
    hospital's own laboratory; and
         (3)  the written results of the blood alcohol  tests
    were  received and considered by the physician on duty at
    the hospital emergency room to assist that  physician  in
    diagnosis or treatment.
    (b)  The  confidentiality provisions of law pertaining to
medical records and medical treatment shall not be applicable
with regard to chemical blood alcohol tests performed upon an
individual's blood or urine  under  the  provisions  of  this
Section  in  prosecutions  as  specified in subsection (a) of
this Section.  No person shall be liable for civil damages as
a result of the evidentiary use of the  results  of  chemical
testing  of  an individual's blood blood alcohol test results
under this Section or as a result of that person's  testimony
made available under this Section.
(Source: P.A. 87-803; 88-670, eff. 12-2-94.)

    (625 ILCS 45/5-16a.1 new)
    Sec. 5-16a.1. Reporting of test results of blood or urine
conducted  in  the  regular  course  of  providing  emergency
medical treatment.
    (a)  Notwithstanding  any  other  provision  of  law, the
results of blood or urine tests performed for the purpose  of
determining  the  content  of  alcohol,  other drug or drugs,
intoxicating compound or compounds,  or  any  combination  of
them  in  an  individual's  blood  or  urine,  conducted upon
persons receiving medical treatment in a  hospital  emergency
room for injuries resulting from a boating accident, shall be
disclosed to the Department of Natural Resources or local law
enforcement  agencies  of  jurisdiction,  upon  request.  The
blood or urine tests are admissible in evidence as a business
record exception to the hearsay rule only in prosecutions for
violations  of  Section  5-16  of  this  Code  or  a  similar
provision of  a  local  ordinance,  or  in  prosecutions  for
reckless homicide brought under the Criminal Code of 1961.
    (b)  The confidentiality provisions of the law pertaining
to  medical  records  and  medical  treatment  shall  not  be
applicable   with   regard   to   tests   performed  upon  an
individual's  blood  or  urine  under   the   provisions   of
subsection  (a)  of  this  Section.   No person is liable for
civil damages or  professional  discipline  as  a  result  of
disclosure  or  reporting of the tests or the evidentiary use
of an individual's blood or urine  test  results  under  this
Section  or  Section  5-16a,  or as a result of that person's
testimony made available under this Section or Section 5-16a,
except for willful or wanton misconduct.

    Section 10.  The Unified Code of Corrections  is  amended
by changing Section 5-5-3 as follows:

    (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
    Sec. 5-5-3.  Disposition.
    (a)  Every  person  convicted  of  an  offense  shall  be
sentenced as provided in this Section.
    (b)  The   following   options   shall   be   appropriate
dispositions,  alone  or in combination, for all felonies and
misdemeanors other than those identified in subsection (c) of
this Section:
         (1)  A period of probation.
         (2)  A term of periodic imprisonment.
         (3)  A term of conditional discharge.
         (4)  A term of imprisonment.
         (5)  An order directing the offender to clean up and
    repair the damage, if the offender  was  convicted  under
    paragraph  (h)  of  Section  21-1 of the Criminal Code of
    1961.
         (6)  A fine.
         (7)  An  order  directing  the  offender   to   make
    restitution  to  the  victim  under Section 5-5-6 of this
    Code.
         (8)  A sentence of participation in a county  impact
    incarceration program under Section 5-8-1.2 of this Code.
    Whenever  an individual is sentenced for an offense based
upon an arrest for a  violation  of  Section  11-501  of  the
Illinois  Vehicle  Code,  or  a  similar provision of a local
ordinance,  and  the   professional   evaluation   recommends
remedial  or  rehabilitative  treatment or education, neither
the treatment nor the education shall be the sole disposition
and either or both may be imposed only  in  conjunction  with
another  disposition. The court shall monitor compliance with
any remedial education or treatment recommendations contained
in the professional evaluation.  Programs conducting  alcohol
or  other  drug  evaluation  or  remedial  education  must be
licensed by the Department of Human  Services.   However,  if
the  individual  is not a resident of Illinois, the court may
accept an  alcohol  or  other  drug  evaluation  or  remedial
education   program   in   the  state  of  such  individual's
residence.  Programs providing  treatment  must  be  licensed
under  existing  applicable  alcoholism  and  drug  treatment
licensure standards.
    In addition to any other fine or penalty required by law,
any  individual convicted of a violation of Section 11-501 of
the Illinois Vehicle Code,  Section  5-7  of  the  Snowmobile
Registration  and  Safety  Act,  Section  5-16  of  the  Boat
Registration  and Safety Act, or a similar provision of local
ordinance, whose  operation  of  a  motor  vehicle  while  in
violation  of  Section  11-501, Section 5-7, Section 5-16, or
such ordinance proximately caused an incident resulting in an
appropriate emergency response, shall  be  required  to  make
restitution  to  a  public  agency  for  the  costs  of  that
emergency  response.   Such restitution shall not exceed $500
per public agency for each such emergency response.  For  the
purpose  of this paragraph, emergency response shall mean any
incident requiring a response by: a police officer as defined
under Section 1-162 of the Illinois Vehicle Code;  a  fireman
carried   on  the  rolls  of  a  regularly  constituted  fire
department; and an ambulance as defined under Section 4.05 of
the Emergency Medical Services (EMS) Systems Act.
    Neither  a  fine  nor  restitution  shall  be  the   sole
disposition  for  a  felony and either or both may be imposed
only in conjunction with another disposition.
    (c) (1)  When a defendant is found guilty of first degree
    murder  the  State  may  either  seek   a   sentence   of
    imprisonment  under  Section 5-8-1 of this Code, or where
    appropriate seek a sentence of death under Section 9-1 of
    the Criminal Code of 1961.
         (2)  A period  of  probation,  a  term  of  periodic
    imprisonment   or  conditional  discharge  shall  not  be
    imposed for  the  following  offenses.  The  court  shall
    sentence  the  offender to not less than the minimum term
    of imprisonment set forth in this Code for the  following
    offenses,  and may order a fine or restitution or both in
    conjunction with such term of imprisonment:
              (A)  First  degree  murder  where   the   death
         penalty is not imposed.
              (B)  Attempted first degree murder.
              (C)  A Class X felony.
              (D)  A violation of Section 401.1 or 407 of the
         Illinois  Controlled  Substances Act, or a violation
         of subdivision (c)(1) or (c)(2) of  Section  401  of
         that  Act  which  relates  to more than 5 grams of a
         substance containing heroin or cocaine or an  analog
         thereof.
              (E)  A  violation  of  Section  5.1 or 9 of the
         Cannabis Control Act.
              (F)  A  Class  2  or  greater  felony  if   the
         offender  had been convicted of a Class 2 or greater
         felony within 10 years of  the  date  on  which  the
         offender  committed  the offense for which he or she
         is being sentenced, except as otherwise provided  in
         Section 40-10 of the Alcoholism and Other Drug Abuse
         and Dependency Act.
              (G)  Residential  burglary, except as otherwise
         provided in Section  40-10  of  the  Alcoholism  and
         Other Drug Abuse and Dependency Act.
              (H)  Criminal   sexual   assault,   except   as
         otherwise   provided   in  subsection  (e)  of  this
         Section.
              (I)  Aggravated battery of a senior citizen.
              (J)  A  forcible  felony  if  the  offense  was
         related to the activities of an organized gang.
              Before July 1, 1994, for the purposes  of  this
         paragraph,  "organized gang" means an association of
         5 or more persons, with  an  established  hierarchy,
         that   encourages  members  of  the  association  to
         perpetrate crimes or provides support to the members
         of the association who do commit crimes.
              Beginning July 1, 1994,  for  the  purposes  of
         this  paragraph,  "organized  gang"  has the meaning
         ascribed  to  it  in  Section  10  of  the  Illinois
         Streetgang Terrorism Omnibus Prevention Act.
              (K)  Vehicular hijacking.
              (L)  A second or subsequent conviction for  the
         offense  of  hate  crime when the underlying offense
         upon  which  the  hate  crime  is  based  is  felony
         aggravated assault or felony mob action.
              (M)  A second or subsequent conviction for  the
         offense  of institutional vandalism if the damage to
         the property exceeds $300.
              (N)  A Class 3 felony  violation  of  paragraph
         (1)  of  subsection  (a) of Section 2 of the Firearm
         Owners Identification Card Act.
              (O)  A  violation  of  Section  12-6.1  of  the
         Criminal Code of 1961.
              (P)  A violation of paragraph  (1),  (2),  (3),
         (4),  (5),  or  (7)  of  subsection  (a)  of Section
         11-20.1 of the Criminal Code of 1961.
              (Q)  A  violation  of  Section  20-1.2  of  the
         Criminal Code of 1961.
              (R)  A  violation  of  Section  24-3A  of   the
         Criminal Code of 1961.
              (S)  A  violation  of Section 11-501(c-1)(3) of
         the Illinois Vehicle Code.
         (3)  A minimum term of imprisonment of not less than
    5 days  or  30  days  of  community  service  as  may  be
    determined  by  the  court  shall be imposed for a second
    violation  committed  within  5  years  of   a   previous
    violation  of Section 11-501 of the Illinois Vehicle Code
    or a similar provision of a local ordinance. In the  case
    of  a  third  or  subsequent violation committed within 5
    years of a previous violation of Section  11-501  of  the
    Illinois  Vehicle  Code or a similar provision of a local
    ordinance,  a  minimum  term  of  either   10   days   of
    imprisonment  or  60  days  of community service shall be
    imposed.
         (4)  A minimum term of imprisonment of not less than
    10 consecutive days or 30 days of community service shall
    be imposed for a violation of paragraph  (c)  of  Section
    6-303 of the Illinois Vehicle Code.
         (4.1)  A  minimum  term  of  30  consecutive days of
    imprisonment, 40 days of 24 hour periodic imprisonment or
    720 hours of community service, as may be  determined  by
    the  court,  shall  be imposed for a violation of Section
    11-501 of the Illinois Vehicle Code during  a  period  in
    which  the  defendant's driving privileges are revoked or
    suspended, where the revocation or suspension was  for  a
    violation  of  Section 11-501 or Section 11-501.1 of that
    Code.
         (4.2)  Except as provided in paragraph (4.3) of this
    subsection (c), a  minimum  of  100  hours  of  community
    service  shall  be  imposed  for  a  second  violation of
    Section 6-303 of the Illinois Vehicle Code.
         (4.3)  A minimum term of imprisonment of 30 days  or
    300  hours  of  community  service,  as determined by the
    court,  shall  be  imposed  for  a  second  violation  of
    subsection (c) of Section 6-303 of the  Illinois  Vehicle
    Code.
         (4.4)  Except  as  provided  in  paragraph (4.5) and
    paragraph (4.6) of this subsection (c), a minimum term of
    imprisonment  of  30  days  or  300  hours  of  community
    service, as determined by the court, shall be imposed for
    a third or subsequent violation of Section 6-303  of  the
    Illinois Vehicle Code.
         (4.5)  A  minimum  term  of  imprisonment of 30 days
    shall be imposed for a third violation of subsection  (c)
    of Section 6-303 of the Illinois Vehicle Code.
         (4.6)  A  minimum  term  of imprisonment of 180 days
    shall be imposed for a fourth or subsequent violation  of
    subsection  (c)  of Section 6-303 of the Illinois Vehicle
    Code.
         (5)  The court may sentence an offender convicted of
    a business offense or a petty offense or a corporation or
    unincorporated association convicted of any offense to:
              (A)  a period of conditional discharge;
              (B)  a fine;
              (C)  make  restitution  to  the  victim   under
         Section 5-5-6 of this Code.
         (5.1)  In  addition  to  any penalties imposed under
    paragraph (5) of  this  subsection  (c),  and  except  as
    provided  in paragraph (5.2) or (5.3), a person convicted
    of violating subsection (c)  of  Section  11-907  of  the
    Illinois  Vehicle  Code  shall  have  his or her driver's
    license, permit, or privileges suspended for at least  90
    days  but  not  more  than  one  year,  if  the violation
    resulted in damage to the property of another person.
         (5.2)  In addition to any  penalties  imposed  under
    paragraph  (5)  of  this  subsection  (c),  and except as
    provided  in  paragraph  (5.3),  a  person  convicted  of
    violating  subsection  (c)  of  Section  11-907  of   the
    Illinois  Vehicle  Code  shall  have  his or her driver's
    license, permit, or privileges suspended for at least 180
    days but not more than 2 years, if the violation resulted
    in injury to another person.
         (5.3)  In addition to any  penalties  imposed  under
    paragraph  (5) of this subsection (c), a person convicted
    of violating subsection (c)  of  Section  11-907  of  the
    Illinois  Vehicle  Code  shall  have  his or her driver's
    license, permit, or privileges suspended for 2 years,  if
    the violation resulted in the death of another person.
         (6)  In  no case shall an offender be eligible for a
    disposition of probation or conditional discharge  for  a
    Class  1  felony committed while he was serving a term of
    probation or conditional discharge for a felony.
         (7)  When  a  defendant  is  adjudged   a   habitual
    criminal  under Article 33B of the Criminal Code of 1961,
    the court shall sentence  the  defendant  to  a  term  of
    natural life imprisonment.
         (8)  When  a defendant, over the age of 21 years, is
    convicted of a Class 1 or Class 2  felony,  after  having
    twice  been convicted in any state or federal court of an
    offense that contains the same elements as an offense now
    classified in Illinois as a  Class  2  or  greater  Class
    felony  and such charges are separately brought and tried
    and arise out of different series of acts, such defendant
    shall be sentenced as a Class X offender. This  paragraph
    shall not apply unless (1) the first felony was committed
    after  the effective date of this amendatory Act of 1977;
    and (2) the second felony was committed after  conviction
    on  the  first;  and  (3)  the third felony was committed
    after conviction on the second. A person sentenced  as  a
    Class  X offender under this paragraph is not eligible to
    apply for  treatment  as  a  condition  of  probation  as
    provided  by  Section  40-10  of the Alcoholism and Other
    Drug Abuse and Dependency Act.
         (9)  A defendant convicted of a second or subsequent
    offense of ritualized abuse of a child may  be  sentenced
    to a term of natural life imprisonment.
         (10)  When   a  person  is  convicted  of  violating
    Section 11-501 of the Illinois Vehicle Code or a  similar
    provision  of  a local ordinance, the following penalties
    apply when his or her blood, breath, or urine was .16  or
    more  based  on the definition of blood, breath, or urine
    units in Section 11-501.2 or that person is convicted  of
    violating  Section  11-501  of  the Illinois Vehicle Code
    while transporting a child under the age of 16:
              (A)  For a first violation of subsection (a) of
         Section 11-501, in addition  to  any  other  penalty
         that  may be imposed under subsection (c) of Section
         11-501:  a  mandatory  minimum  of  100   hours   of
         community service and a minimum fine of $500.
              (B)  For  a  second violation of subsection (a)
         of Section 11-501, in addition to any other  penalty
         that  may be imposed under subsection (c) of Section
         11-501 within 10 years: a  mandatory  minimum  of  2
         days of imprisonment and a minimum fine of $1,250.
              (C)  For a third violation of subsection (a) of
         Section  11-501,  in  addition  to any other penalty
         that may be imposed under subsection (c) of  Section
         11-501  within  20  years: a mandatory minimum of 90
         days of imprisonment and a minimum fine of $2,500.
              (D)  For a fourth or  subsequent  violation  of
         subsection  (a) of Section 11-501: ineligibility for
         a sentence of probation or conditional discharge and
         a minimum fine of $2,500.
    (d)  In any case in which a sentence  originally  imposed
is  vacated,  the  case shall be remanded to the trial court.
The trial court shall hold a hearing under Section  5-4-1  of
the Unified Code of Corrections which may include evidence of
the  defendant's  life, moral character and occupation during
the time since the original sentence was passed.   The  trial
court  shall  then  impose  sentence upon the defendant.  The
trial court may impose any sentence  which  could  have  been
imposed at the original trial subject to Section 5-5-4 of the
Unified  Code  of  Corrections.  If  a sentence is vacated on
appeal or on collateral attack due  to  the  failure  of  the
trier of fact at trial to determine beyond a reasonable doubt
the  existence  of  a  fact  (other  than a prior conviction)
necessary to increase the punishment for the  offense  beyond
the   statutory  maximum  otherwise  applicable,  either  the
defendant may be re-sentenced to  a  term  within  the  range
otherwise  provided  or,  if  the  State  files notice of its
intention to again seek the extended sentence, the  defendant
shall be afforded a new trial.
    (e)  In  cases  where  prosecution  for  criminal  sexual
assault  or  aggravated  criminal  sexual abuse under Section
12-13 or 12-16 of  the  Criminal  Code  of  1961  results  in
conviction  of  a  defendant  who  was a family member of the
victim at the time of the  commission  of  the  offense,  the
court shall consider the safety and welfare of the victim and
may impose a sentence of probation only where:
         (1)  the   court  finds  (A)  or  (B)  or  both  are
    appropriate:
              (A)  the defendant  is  willing  to  undergo  a
         court  approved  counseling  program  for  a minimum
         duration of 2 years; or
              (B)  the defendant is willing to participate in
         a court approved plan including but not  limited  to
         the defendant's:
                   (i)  removal from the household;
                   (ii)  restricted contact with the victim;
                   (iii)  continued  financial support of the
              family;
                   (iv)  restitution for  harm  done  to  the
              victim; and
                   (v)  compliance  with  any  other measures
              that the court may deem appropriate; and
         (2)  the court orders the defendant to pay  for  the
    victim's  counseling  services,  to  the  extent that the
    court finds, after considering the defendant's income and
    assets, that the  defendant  is  financially  capable  of
    paying  for  such  services,  if  the victim was under 18
    years of age at the time the offense  was  committed  and
    requires counseling as a result of the offense.
    Probation  may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing  that
the  defendant  violated  a condition of his or her probation
restricting contact with the victim or other  family  members
or  commits  another  offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
    For the purposes of this  Section,  "family  member"  and
"victim"  shall have the meanings ascribed to them in Section
12-12 of the Criminal Code of 1961.
    (f)  This Article shall not  deprive  a  court  in  other
proceedings  to order a forfeiture of property, to suspend or
cancel a license, to remove  a  person  from  office,  or  to
impose any other civil penalty.
    (g)  Whenever  a  defendant  is  convicted  of an offense
under Sections 11-14, 11-15, 11-15.1,  11-16,  11-17,  11-18,
11-18.1,  11-19,  11-19.1,  11-19.2,  12-13,  12-14, 12-14.1,
12-15 or 12-16 of the Criminal Code of  1961,  the  defendant
shall  undergo  medical  testing  to  determine  whether  the
defendant has any sexually transmissible disease, including a
test for infection with human immunodeficiency virus (HIV) or
any    other   identified   causative   agent   of   acquired
immunodeficiency syndrome  (AIDS).   Any  such  medical  test
shall  be  performed  only  by appropriately licensed medical
practitioners and may  include  an  analysis  of  any  bodily
fluids  as  well as an examination of the defendant's person.
Except as otherwise provided by law, the results of such test
shall be kept strictly confidential by all medical  personnel
involved in the testing and must be personally delivered in a
sealed  envelope  to  the  judge  of  the  court in which the
conviction was entered for the judge's inspection in  camera.
Acting  in  accordance  with the best interests of the victim
and the public,  the  judge  shall  have  the  discretion  to
determine  to whom, if anyone, the results of the testing may
be revealed. The court shall notify the defendant of the test
results.  The court shall also notify the victim if requested
by the victim, and if the victim is under the age of  15  and
if  requested  by the victim's parents or legal guardian, the
court shall notify the victim's parents or legal guardian  of
the test results.  The court shall provide information on the
availability  of  HIV testing and counseling at Department of
Public Health facilities to all parties to whom  the  results
of  the  testing  are  revealed  and shall direct the State's
Attorney to  provide  the  information  to  the  victim  when
possible. A State's Attorney may petition the court to obtain
the  results of any HIV test administered under this Section,
and the court shall  grant  the  disclosure  if  the  State's
Attorney  shows it is relevant in order to prosecute a charge
of criminal transmission of HIV under Section 12-16.2 of  the
Criminal Code of 1961 against the defendant.  The court shall
order  that  the  cost  of any such test shall be paid by the
county and may  be  taxed  as  costs  against  the  convicted
defendant.
    (g-5)  When   an   inmate   is  tested  for  an  airborne
communicable  disease,  as   determined   by   the   Illinois
Department  of  Public  Health  including  but not limited to
tuberculosis, the results of the  test  shall  be  personally
delivered  by  the  warden or his or her designee in a sealed
envelope to the judge of the court in which the  inmate  must
appear  for  the judge's inspection in camera if requested by
the judge.  Acting in accordance with the best  interests  of
those  in  the courtroom, the judge shall have the discretion
to determine what if any precautions  need  to  be  taken  to
prevent transmission of the disease in the courtroom.
    (h)  Whenever  a  defendant  is  convicted  of an offense
under Section 1 or 2 of the Hypodermic Syringes  and  Needles
Act, the defendant shall undergo medical testing to determine
whether   the   defendant   has   been   exposed   to   human
immunodeficiency   virus   (HIV)   or  any  other  identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Except as otherwise provided by law, the results of such test
shall be kept strictly confidential by all medical  personnel
involved in the testing and must be personally delivered in a
sealed  envelope  to  the  judge  of  the  court in which the
conviction was entered for the judge's inspection in  camera.
Acting  in  accordance with the best interests of the public,
the judge shall have the discretion to determine to whom,  if
anyone, the results of the testing may be revealed. The court
shall  notify  the  defendant  of  a positive test showing an
infection with the human immunodeficiency  virus  (HIV).  The
court  shall  provide  information on the availability of HIV
testing  and  counseling  at  Department  of  Public   Health
facilities  to all parties to whom the results of the testing
are revealed and shall direct the State's Attorney to provide
the information  to  the  victim  when  possible.  A  State's
Attorney  may petition the court to obtain the results of any
HIV test administered under  this   Section,  and  the  court
shall  grant  the disclosure if the State's Attorney shows it
is relevant in  order  to  prosecute  a  charge  of  criminal
transmission  of  HIV  under  Section 12-16.2 of the Criminal
Code of 1961 against the defendant.  The  court  shall  order
that  the  cost  of any such test shall be paid by the county
and may be taxed as costs against the convicted defendant.
    (i)  All fines and penalties imposed under  this  Section
for any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle  Code,  or  a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance,  shall  be  collected
and  disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
    (j)  In cases  when  prosecution  for  any  violation  of
Section  11-6,  11-8,  11-9,  11-11,  11-14,  11-15, 11-15.1,
11-16,  11-17,  11-17.1,  11-18,  11-18.1,  11-19,   11-19.1,
11-19.2,  11-20.1,  11-21,  12-13,  12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of  1961,  any  violation  of  the
Illinois  Controlled  Substances Act, or any violation of the
Cannabis Control Act results in conviction, a disposition  of
court  supervision,  or  an  order of probation granted under
Section 10 of the Cannabis Control Act or Section 410 of  the
Illinois  Controlled  Substance Act of a defendant, the court
shall determine  whether  the  defendant  is  employed  by  a
facility  or  center  as  defined under the Child Care Act of
1969, a public or private elementary or secondary school,  or
otherwise  works  with  children  under  18 years of age on a
daily basis.  When a defendant  is  so  employed,  the  court
shall  order  the  Clerk  of  the Court to send a copy of the
judgment of conviction or order of supervision  or  probation
to  the  defendant's  employer  by  certified  mail.  If  the
employer of the defendant is a school, the Clerk of the Court
shall  direct  the  mailing  of  a  copy  of  the judgment of
conviction or  order  of  supervision  or  probation  to  the
appropriate regional superintendent of schools.  The regional
superintendent  of  schools  shall  notify the State Board of
Education of any notification under this subsection.
    (j-5)  A defendant at  least  17  years  of  age  who  is
convicted  of  a  felony  and  who  has  not  been previously
convicted of a misdemeanor or felony and who is sentenced  to
a   term  of  imprisonment  in  the  Illinois  Department  of
Corrections shall as a condition of his or  her  sentence  be
required  by the court to attend educational courses designed
to prepare the defendant for a high  school  diploma  and  to
work  toward  a high school diploma or to work toward passing
the high school level Test of General Educational Development
(GED) or to work  toward  completing  a  vocational  training
program  offered  by  the  Department  of  Corrections.  If a
defendant fails to complete the educational training required
by his or her sentence during the term of incarceration,  the
Prisoner  Review  Board  shall,  as  a condition of mandatory
supervised release, require the defendant, at his or her  own
expense,  to  pursue  a  course of study toward a high school
diploma or passage of the  GED  test.   The  Prisoner  Review
Board  shall  revoke  the  mandatory  supervised release of a
defendant who wilfully fails to comply with  this  subsection
(j-5)  upon  his  or  her release from confinement in a penal
institution while  serving  a  mandatory  supervised  release
term;  however, the inability of the defendant after making a
good faith effort to obtain financial  aid  or  pay  for  the
educational  training shall not be deemed a wilful failure to
comply.   The  Prisoner  Review  Board  shall  recommit   the
defendant  whose  mandatory  supervised release term has been
revoked under this subsection (j-5) as  provided  in  Section
3-3-9.   This  subsection (j-5) does not apply to a defendant
who has a high school diploma or has successfully passed  the
GED test. This subsection (j-5) does not apply to a defendant
who is determined by the court to be developmentally disabled
or otherwise mentally incapable of completing the educational
or vocational program.
    (k)  A court may not impose a sentence or disposition for
a  felony  or  misdemeanor  that requires the defendant to be
implanted or injected with  or  to  use  any  form  of  birth
control.
    (l) (A)  Except   as   provided   in   paragraph  (C)  of
    subsection (l), whenever a defendant, who is an alien  as
    defined  by  the  Immigration  and  Nationality  Act,  is
    convicted of any felony or misdemeanor offense, the court
    after  sentencing  the  defendant may, upon motion of the
    State's Attorney, hold sentence in  abeyance  and  remand
    the  defendant  to the custody of the Attorney General of
    the United States or his or her designated  agent  to  be
    deported when:
              (1)  a  final  order  of  deportation  has been
         issued against the defendant pursuant to proceedings
         under the Immigration and Nationality Act, and
              (2)  the deportation of the defendant would not
         deprecate the seriousness of the defendant's conduct
         and would not  be  inconsistent  with  the  ends  of
         justice.
         Otherwise,  the  defendant  shall  be  sentenced  as
    provided in this Chapter V.
         (B)  If the defendant has already been sentenced for
    a  felony  or  misdemeanor offense, or has been placed on
    probation under Section 10 of the Cannabis Control Act or
    Section 410 of the Illinois  Controlled  Substances  Act,
    the  court  may,  upon  motion of the State's Attorney to
    suspend the sentence imposed, commit the defendant to the
    custody of the Attorney General of the United  States  or
    his or her designated agent when:
              (1)  a  final  order  of  deportation  has been
         issued against the defendant pursuant to proceedings
         under the Immigration and Nationality Act, and
              (2)  the deportation of the defendant would not
         deprecate the seriousness of the defendant's conduct
         and would not  be  inconsistent  with  the  ends  of
         justice.
         (C)  This subsection (l) does not apply to offenders
    who  are  subject  to  the provisions of paragraph (2) of
    subsection (a) of Section 3-6-3.
         (D)  Upon motion  of  the  State's  Attorney,  if  a
    defendant  sentenced  under  this  Section returns to the
    jurisdiction of the United States, the defendant shall be
    recommitted to the custody of the county from which he or
    she was sentenced. Thereafter,  the  defendant  shall  be
    brought before the sentencing court, which may impose any
    sentence  that  was  available under Section 5-5-3 at the
    time of initial sentencing.  In addition,  the  defendant
    shall  not be eligible for additional good conduct credit
    for meritorious service as provided under Section 3-6-6.
    (m)  A  person  convicted  of  criminal   defacement   of
property  under  Section 21-1.3 of the Criminal Code of 1961,
in which the property damage exceeds $300  and  the  property
damaged  is  a  school  building, shall be ordered to perform
community service  that  may  include  cleanup,  removal,  or
painting over the defacement.
(Source: P.A.  91-357,  eff.  7-29-99;  91-404,  eff. 1-1-00;
91-663, eff. 12-22-99; 91-695,  eff.  4-13-00;  91-953,  eff.
2-23-01;  92-183,  eff. 7-27-01; 92-248, eff. 8-3-01; 92-283,
eff. 1-1-02; 92-340,  eff.  8-10-01;  92-418,  eff.  8-17-01;
92-422,  eff.  8-17-01;  92-651,  eff.  7-11-02; 92-698, eff.
7-19-02.)