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| | 10400SB2972sam002 | - 2 - | LRB104 16617 LNS 34678 a |
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| 1 | | issued in accordance with the requirements of Sections 143a |
| 2 | | and 143a-2 of the Illinois Insurance Code. No insurer other |
| 3 | | than an insurer authorized to do business in this State shall |
| 4 | | issue a policy pursuant to this Section. Nothing herein shall |
| 5 | | deprive an insurer of any policy defense available at common |
| 6 | | law. |
| 7 | | (b) Proof of insurance as required by this Section shall |
| 8 | | be produced and displayed by the owner or operator of the |
| 9 | | motorboat or personal watercraft upon request to any law |
| 10 | | enforcement officer or to any person who has suffered or |
| 11 | | claims to have suffered either personal injury or property |
| 12 | | damage as a result of the operation of the motorboat or |
| 13 | | personal watercraft by the owner or operator. |
| 14 | | (c) Except as provided in subsection (d), any operator of |
| 15 | | a motorboat or personal watercraft subject to registration and |
| 16 | | numbering under this Act who is convicted of violating |
| 17 | | subsection (a) is guilty of a petty offense and shall be |
| 18 | | required to pay a fine in excess of $500, but not more than |
| 19 | | $1,000. However, no person charged with violating this Section |
| 20 | | shall be convicted if such person produces in court |
| 21 | | satisfactory evidence that at the time of the arrest the |
| 22 | | motorboat or personal watercraft was covered by a liability |
| 23 | | insurance policy in accordance with subsection (a). The chief |
| 24 | | judge of each circuit may designate an officer of the court to |
| 25 | | review the documentation demonstrating that at the time of |
| 26 | | arrest the motorboat or personal watercraft was covered by a |
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| | 10400SB2972sam002 | - 3 - | LRB104 16617 LNS 34678 a |
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| 1 | | liability insurance policy in accordance with subsection (a). |
| 2 | | (d) A person who (i) has not previously been convicted of |
| 3 | | or received a disposition of court supervision for violating |
| 4 | | subsection (a) and (ii) produces at his or her court |
| 5 | | appearance satisfactory evidence that the motorboat or |
| 6 | | personal watercraft is covered, as of the date of the court |
| 7 | | appearance, by a liability insurance policy in accordance with |
| 8 | | Section 7-601 of the Illinois Vehicle Code shall, for a |
| 9 | | violation of this Section, pay a fine of $100 and receive a |
| 10 | | disposition of court supervision. The person must, on the date |
| 11 | | that the period of court supervision is scheduled to |
| 12 | | terminate, produce satisfactory evidence that the motorboat or |
| 13 | | personal watercraft was covered by the required liability |
| 14 | | insurance policy during the entire period of court |
| 15 | | supervision. |
| 16 | | An officer of the court designated under subsection (c) |
| 17 | | may also review liability insurance documentation under this |
| 18 | | subsection to determine if the motorboat or personal |
| 19 | | watercraft is, as of the date of the court appearance, covered |
| 20 | | by a liability insurance policy in accordance with Section |
| 21 | | 7-601 of the Illinois Vehicle Code. The officer of the court |
| 22 | | shall also determine, on the date the period of court |
| 23 | | supervision is scheduled to terminate, whether the motorboat |
| 24 | | or personal watercraft was covered by the required policy |
| 25 | | during the entire period of court supervision.". |