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1 | AN ACT concerning transportation, which may be referred to | ||||||||||||||||||||||||
2 | as Randy's Law.
| ||||||||||||||||||||||||
3 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
4 | represented in the General Assembly:
| ||||||||||||||||||||||||
5 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||||||||||||||||||||
6 | Sections 1-197.5, 2-118.1, and 11-501 and adding Section | ||||||||||||||||||||||||
7 | 6-100.5 as follows:
| ||||||||||||||||||||||||
8 | (625 ILCS 5/1-197.5) (from Ch. 95 1/2, par. 1-203.1)
| ||||||||||||||||||||||||
9 | Sec. 1-197.5.
Statutory summary alcohol or other drug | ||||||||||||||||||||||||
10 | related suspension
of driver's privileges. The withdrawal by | ||||||||||||||||||||||||
11 | the circuit court of a
person's license or privilege to operate | ||||||||||||||||||||||||
12 | a motor vehicle on the public
highways for the periods provided | ||||||||||||||||||||||||
13 | in Section 6-208.1. Reinstatement after
the suspension period | ||||||||||||||||||||||||
14 | shall occur after all appropriate fees have been
paid, unless | ||||||||||||||||||||||||
15 | the court notifies the Secretary of State that the person
| ||||||||||||||||||||||||
16 | should be disqualified. The bases for this withdrawal of | ||||||||||||||||||||||||
17 | driving privileges
shall be the individual's refusal to submit | ||||||||||||||||||||||||
18 | to or failure to complete a
chemical test or tests following an | ||||||||||||||||||||||||
19 | arrest for the offense of driving under
the influence of | ||||||||||||||||||||||||
20 | alcohol, other drugs, or intoxicating compounds,
or any | ||||||||||||||||||||||||
21 | combination thereof, or submission to such a
test or tests | ||||||||||||||||||||||||
22 | indicating an alcohol concentration of 0.08 or more
as provided | ||||||||||||||||||||||||
23 | in Section 11-501.1 of this Code , Section 5-7.1 of the |
| |||||||
| |||||||
1 | Snowmobile Registration and Safety Act, or Section 5-16 of the | ||||||
2 | Boat Registration and Safety Act .
| ||||||
3 | (Source: P.A. 92-834, eff. 8-22-02.)
| ||||||
4 | (625 ILCS 5/2-118.1) (from Ch. 95 1/2, par. 2-118.1)
| ||||||
5 | Sec. 2-118.1. Opportunity for hearing; statutory summary | ||||||
6 | alcohol
or other drug related suspension. | ||||||
7 | (a) A statutory summary suspension of driving privileges | ||||||
8 | under Section
11-501.1 shall not become effective until the | ||||||
9 | person is notified in writing of
the impending suspension and | ||||||
10 | informed that he may request a hearing in the
circuit court of | ||||||
11 | venue under paragraph (b) of this Section and the statutory
| ||||||
12 | summary suspension shall become effective as provided in | ||||||
13 | Section 11-501.1.
| ||||||
14 | (b) Within 90 days after the notice of statutory summary
| ||||||
15 | suspension served under Section
11-501.1, the person may make a | ||||||
16 | written request for a judicial hearing in
the circuit court of | ||||||
17 | venue. The request to the circuit court shall state
the grounds | ||||||
18 | upon which the person seeks to have the statutory summary
| ||||||
19 | suspension rescinded. Within 30 days after receipt of the | ||||||
20 | written request
or the first appearance date on the Uniform | ||||||
21 | Traffic Ticket issued pursuant
to a violation of Section | ||||||
22 | 11-501, or a similar provision of a local
ordinance, the | ||||||
23 | hearing shall be conducted by the circuit court having
| ||||||
24 | jurisdiction. This judicial hearing, request, or process shall | ||||||
25 | not stay or
delay the statutory summary suspension. The |
| |||||||
| |||||||
1 | hearings shall proceed in the
court in the same manner as in | ||||||
2 | other civil proceedings.
| ||||||
3 | The hearing may be conducted upon a review of the law | ||||||
4 | enforcement
officer's own official reports; provided however, | ||||||
5 | that the person may
subpoena the officer. Failure of the | ||||||
6 | officer to answer the subpoena shall
be considered grounds for | ||||||
7 | a continuance if in the court's discretion the
continuance is | ||||||
8 | appropriate.
| ||||||
9 | The scope of the hearing shall be limited to the issues of:
| ||||||
10 | 1. Whether the person was placed under arrest for an | ||||||
11 | offense as defined
in Section 11-501, or a similar | ||||||
12 | provision of a local ordinance, as evidenced
by the | ||||||
13 | issuance of a Uniform Traffic Ticket, or issued a Uniform | ||||||
14 | Traffic
Ticket out of state as provided in subsection (a) | ||||||
15 | of Section 11-501.1; and
| ||||||
16 | 2. Whether the officer had reasonable grounds to | ||||||
17 | believe that
the person was driving or in actual physical | ||||||
18 | control of a motor vehicle
upon a highway while under the | ||||||
19 | influence of alcohol, other drug, or
combination of both; | ||||||
20 | and
| ||||||
21 | 3. Whether the person, after being advised by the | ||||||
22 | officer
that the privilege to operate a motor vehicle would | ||||||
23 | be suspended if the
person refused to submit to and | ||||||
24 | complete the test or tests, did refuse to
submit to or | ||||||
25 | complete the test or tests to determine the person's | ||||||
26 | alcohol
or drug concentration; or
|
| |||||||
| |||||||
1 | 4. Whether the person, after being advised by the | ||||||
2 | officer that
the privilege to operate a motor vehicle would | ||||||
3 | be suspended if the person
submits to a chemical test, or | ||||||
4 | tests, and the test discloses an alcohol
concentration of | ||||||
5 | 0.08 or more, or any amount of a drug, substance,
or | ||||||
6 | compound in the person's blood or urine resulting from the | ||||||
7 | unlawful use or
consumption of cannabis listed in the | ||||||
8 | Cannabis Control Act, a controlled
substance listed in the | ||||||
9 | Illinois Controlled Substances Act, an intoxicating
| ||||||
10 | compound as listed in the Use of Intoxicating Compounds | ||||||
11 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
12 | Control and Community Protection Act, and the person
did | ||||||
13 | submit to and complete the test or tests that determined an | ||||||
14 | alcohol
concentration of 0.08 or more.
| ||||||
15 | Upon the conclusion of the judicial hearing, the circuit | ||||||
16 | court shall
sustain or rescind the statutory summary suspension | ||||||
17 | and immediately notify
the Secretary of State. Reports received | ||||||
18 | by the Secretary of State under
this Section shall be | ||||||
19 | privileged information and for use only by the
courts, police | ||||||
20 | officers, and Secretary of State.
| ||||||
21 | (c) For purposes of this Section: | ||||||
22 | (1) A violation of Section 5-7 of the Snowmobile | ||||||
23 | Registration and Safety Act or a similar provision of a | ||||||
24 | local ordinance or a similar out-of-state offense, or | ||||||
25 | Section 5-16 of the Boat Registration and Safety Act or a | ||||||
26 | similar provision of a local ordinance or a similar |
| |||||||
| |||||||
1 | out-of-state offense shall be deemed to be the same as a | ||||||
2 | violation of Section
11-501 of this Code. | ||||||
3 | (2) A suspension for refusal to submit to a chemical | ||||||
4 | test under Section 5-7.1 of the Snowmobile Registration and | ||||||
5 | Safety Act or Section 5-16 of the Boat Registration and | ||||||
6 | Safety Act shall be deemed to be the same as a statutory | ||||||
7 | summary suspension for refusal to submit to a chemical test | ||||||
8 | under Section
11-501.1 or 11-501.8 of this Code. | ||||||
9 | (3) A refusal to submit to a chemical test under | ||||||
10 | Section 5-7.1 of the Snowmobile Registration and Safety Act | ||||||
11 | or Section 5-16 of the Boat Registration and Safety Act | ||||||
12 | shall be deemed to be the same as a refusal to submit to a | ||||||
13 | chemical test under Section
11-501.1 or 11-501.8 of this | ||||||
14 | Code. | ||||||
15 | (Source: P.A. 95-355, eff. 1-1-08.)
| ||||||
16 | (625 ILCS 5/6-100.5 new)
| ||||||
17 | Sec. 6-100.5. Snowmobile Registration and Safety Act; Boat | ||||||
18 | Registration and Safety Act. For purposes of this Chapter: | ||||||
19 | (1) A violation of Section 5-7 of the Snowmobile | ||||||
20 | Registration and Safety Act or a similar provision of a | ||||||
21 | local ordinance or a similar out-of-state offense, or | ||||||
22 | Section 5-16 of the Boat Registration and Safety Act or a | ||||||
23 | similar provision of a local ordinance or a similar | ||||||
24 | out-of-state offense shall be deemed to be the same as a | ||||||
25 | violation of Section
11-501 of this Code. |
| |||||||
| |||||||
1 | (2) A suspension for refusal to submit to a chemical | ||||||
2 | test under Section 5-7.1 of the Snowmobile Registration and | ||||||
3 | Safety Act or Section 5-16 of the Boat Registration and | ||||||
4 | Safety Act shall be deemed to be the same as a statutory | ||||||
5 | summary suspension for refusal to submit to a chemical test | ||||||
6 | under Section
11-501.1 or 11-501.8 of this Code. | ||||||
7 | (3) A refusal to submit to a chemical test under | ||||||
8 | Section 5-7.1 of the Snowmobile Registration and Safety Act | ||||||
9 | or Section 5-16 of the Boat Registration and Safety Act | ||||||
10 | shall be deemed to be the same as a refusal to submit to a | ||||||
11 | chemical test under Section
11-501.1 or 11-501.8 of this | ||||||
12 | Code. | ||||||
13 | (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | ||||||
14 | Sec. 11-501. Driving while under the influence of alcohol, | ||||||
15 | other drug or drugs, intoxicating compound or compounds or any | ||||||
16 | combination thereof.
| ||||||
17 | (a) A person shall not drive or be in actual physical | ||||||
18 | control of any motor vehicle , as defined in Section 1-146, | ||||||
19 | within this State while: | ||||||
20 | (1) the alcohol concentration in the person's blood or | ||||||
21 | breath is 0.08 or more based on the definition of blood and | ||||||
22 | breath units in Section 11-501.2; | ||||||
23 | (2) under the influence of alcohol; | ||||||
24 | (3) under the influence of any intoxicating compound or | ||||||
25 | combination of intoxicating compounds to a degree that |
| |||||||
| |||||||
1 | renders the person incapable of driving safely; | ||||||
2 | (4) under the influence of any other drug or | ||||||
3 | combination of drugs to a degree that renders the person | ||||||
4 | incapable of safely driving; | ||||||
5 | (5) under the combined influence of alcohol, other drug | ||||||
6 | or drugs, or intoxicating compound or compounds to a degree | ||||||
7 | that renders the person incapable of safely driving; or | ||||||
8 | (6) there is any amount of a drug, substance, or | ||||||
9 | compound in the person's breath, blood, or urine resulting | ||||||
10 | from the unlawful use or consumption of cannabis listed in | ||||||
11 | the Cannabis Control Act, a controlled substance listed in | ||||||
12 | the Illinois Controlled Substances Act, an intoxicating | ||||||
13 | compound listed in the Use of Intoxicating Compounds Act, | ||||||
14 | or methamphetamine as listed in the Methamphetamine | ||||||
15 | Control and Community Protection Act.
| ||||||
16 | (b) The fact that any person charged with violating this | ||||||
17 | Section is or has been legally entitled to use alcohol, other | ||||||
18 | drug or drugs, or intoxicating compound or compounds, or any | ||||||
19 | combination thereof, shall not constitute a defense against any | ||||||
20 | charge of violating this Section. | ||||||
21 | (c) Penalties. | ||||||
22 | (1) Except as otherwise provided in this Section, any | ||||||
23 | person convicted of violating subsection (a) of this | ||||||
24 | Section is guilty of a Class A misdemeanor. | ||||||
25 | (2) A person who violates subsection (a) or a similar | ||||||
26 | provision a second time shall be sentenced to a mandatory |
| |||||||
| |||||||
1 | minimum term of either 5 days of imprisonment or 240 hours | ||||||
2 | of community service in addition to any other criminal or | ||||||
3 | administrative sanction. | ||||||
4 | (3) A person who violates subsection (a) is subject to | ||||||
5 | 6 months of imprisonment, an additional mandatory minimum | ||||||
6 | fine of $1,000, and 25 days of community service in a | ||||||
7 | program benefiting children if the person was transporting | ||||||
8 | a person under the age of 16 at the time of the violation. | ||||||
9 | (4) A person who violates subsection (a) a first time, | ||||||
10 | if the alcohol concentration in his or her blood, breath, | ||||||
11 | or urine was 0.16 or more based on the definition of blood, | ||||||
12 | breath, or urine units in Section 11-501.2, shall be | ||||||
13 | subject, in addition to any other penalty that may be | ||||||
14 | imposed, to a mandatory minimum of 100 hours of community | ||||||
15 | service and a mandatory minimum fine of $500. | ||||||
16 | (5) A person who violates subsection (a) a second time, | ||||||
17 | if at the time of the second violation the alcohol | ||||||
18 | concentration in his or her blood, breath, or urine was | ||||||
19 | 0.16 or more based on the definition of blood, breath, or | ||||||
20 | urine units in Section 11-501.2, shall be subject, in | ||||||
21 | addition to any other penalty that may be imposed, to a | ||||||
22 | mandatory minimum of 2 days of imprisonment and a mandatory | ||||||
23 | minimum fine of $1,250. | ||||||
24 | (d) Aggravated driving under the influence of alcohol, | ||||||
25 | other drug or drugs, or intoxicating compound or compounds, or | ||||||
26 | any combination thereof.
|
| |||||||
| |||||||
1 | (1) Every person convicted of committing a violation of | ||||||
2 | this Section shall be guilty of aggravated driving under | ||||||
3 | the influence of alcohol, other drug or drugs, or | ||||||
4 | intoxicating compound or compounds, or any combination | ||||||
5 | thereof if: | ||||||
6 | (A) the person committed a violation of subsection | ||||||
7 | (a) or a similar provision for the third or subsequent | ||||||
8 | time; | ||||||
9 | (B) the person committed a violation of subsection | ||||||
10 | (a) while driving a school bus with persons 18 years of | ||||||
11 | age or younger on board; | ||||||
12 | (C) the person in committing a violation of | ||||||
13 | subsection (a) was involved in a motor vehicle accident | ||||||
14 | that resulted in great bodily harm or permanent | ||||||
15 | disability or disfigurement to another, when the | ||||||
16 | violation was a proximate cause of the injuries; | ||||||
17 | (D) the person committed a violation of subsection | ||||||
18 | (a) for a second time and has been previously convicted | ||||||
19 | of violating Section 9-3 of the Criminal Code of 1961 | ||||||
20 | or a similar provision of a law of another state | ||||||
21 | relating to reckless homicide in which the person was | ||||||
22 | determined to have been under the influence of alcohol, | ||||||
23 | other drug or drugs, or intoxicating compound or | ||||||
24 | compounds as an element of the offense or the person | ||||||
25 | has previously been convicted under subparagraph (C) | ||||||
26 | or subparagraph (F) of this paragraph (1); |
| |||||||
| |||||||
1 | (E) the person, in committing a violation of | ||||||
2 | subsection (a) while driving at any speed in a school | ||||||
3 | speed zone at a time when a speed limit of 20 miles per | ||||||
4 | hour was in effect under subsection (a) of Section | ||||||
5 | 11-605 of this Code, was involved in a motor vehicle | ||||||
6 | accident that resulted in bodily harm, other than great | ||||||
7 | bodily harm or permanent disability or disfigurement, | ||||||
8 | to another person, when the violation of subsection (a) | ||||||
9 | was a proximate cause of the bodily harm; | ||||||
10 | (F) the person, in committing a violation of | ||||||
11 | subsection (a), was involved in a motor vehicle, | ||||||
12 | snowmobile, all-terrain vehicle, or watercraft | ||||||
13 | accident that resulted in the death of another person, | ||||||
14 | when the violation of subsection (a) was a proximate | ||||||
15 | cause of the death; | ||||||
16 | (G) the person committed a violation of subsection | ||||||
17 | (a) during a period in which the defendant's driving | ||||||
18 | privileges are revoked or suspended, where the | ||||||
19 | revocation or suspension was for a violation of | ||||||
20 | subsection (a) or a similar provision, Section | ||||||
21 | 11-501.1, paragraph (b) of Section 11-401, or for | ||||||
22 | reckless homicide as defined in Section 9-3 of the | ||||||
23 | Criminal Code of 1961; | ||||||
24 | (H) the person committed the violation while he or | ||||||
25 | she did not possess a driver's license or permit or a | ||||||
26 | restricted driving permit or a judicial driving permit |
| |||||||
| |||||||
1 | or a monitoring device driving permit; | ||||||
2 | (I) the person committed the violation while he or | ||||||
3 | she knew or should have known that the vehicle he or | ||||||
4 | she was driving was not covered by a liability | ||||||
5 | insurance policy; | ||||||
6 | (J) the person in committing a violation of | ||||||
7 | subsection (a) was involved in a motor vehicle accident | ||||||
8 | that resulted in bodily harm, but not great bodily | ||||||
9 | harm, to the child under the age of 16 being | ||||||
10 | transported by the person, if the violation was the | ||||||
11 | proximate cause of the injury; or | ||||||
12 | (K) the person in committing a second violation of | ||||||
13 | subsection (a) or a similar provision was transporting | ||||||
14 | a person under the age of 16. | ||||||
15 | (2)(A) Except as provided otherwise, a person | ||||||
16 | convicted of aggravated driving under the influence of | ||||||
17 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
18 | compounds, or any combination thereof is guilty of a Class | ||||||
19 | 4 felony. | ||||||
20 | (B) A third violation of this Section or a similar | ||||||
21 | provision is a Class 2 felony. If at the time of the third | ||||||
22 | violation the alcohol concentration in his or her blood, | ||||||
23 | breath, or urine was 0.16 or more based on the definition | ||||||
24 | of blood, breath, or urine units in Section 11-501.2, a | ||||||
25 | mandatory minimum of 90 days of imprisonment and a | ||||||
26 | mandatory minimum fine of $2,500 shall be imposed in |
| |||||||
| |||||||
1 | addition to any other criminal or administrative sanction. | ||||||
2 | If at the time of the third violation, the defendant was | ||||||
3 | transporting a person under the age of 16, a mandatory fine | ||||||
4 | of $25,000 and 25 days of community service in a program | ||||||
5 | benefiting children shall be imposed in addition to any | ||||||
6 | other criminal or administrative sanction. | ||||||
7 | (C) A fourth violation of this Section or a similar | ||||||
8 | provision is a Class 2 felony, for which a sentence of | ||||||
9 | probation or conditional discharge may not be imposed. If | ||||||
10 | at the time of the violation, the alcohol concentration in | ||||||
11 | the defendant's blood, breath, or urine was 0.16 or more | ||||||
12 | based on the definition of blood, breath, or urine units in | ||||||
13 | Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||||||
14 | be imposed in addition to any other criminal or | ||||||
15 | administrative sanction. If at the time of the fourth | ||||||
16 | violation, the defendant was transporting a person under | ||||||
17 | the age of 16 a mandatory fine of $25,000 and 25 days of | ||||||
18 | community service in a program benefiting children shall be | ||||||
19 | imposed in addition to any other criminal or administrative | ||||||
20 | sanction. | ||||||
21 | (D) A fifth violation of this Section or a similar | ||||||
22 | provision is a Class 1 felony, for which a sentence of | ||||||
23 | probation or conditional discharge may not be imposed. If | ||||||
24 | at the time of the violation, the alcohol concentration in | ||||||
25 | the defendant's blood, breath, or urine was 0.16 or more | ||||||
26 | based on the definition of blood, breath, or urine units in |
| |||||||
| |||||||
1 | Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||||||
2 | be imposed in addition to any other criminal or | ||||||
3 | administrative sanction. If at the time of the fifth | ||||||
4 | violation, the defendant was transporting a person under | ||||||
5 | the age of 16, a mandatory fine of $25,000, and 25 days of | ||||||
6 | community service in a program benefiting children shall be | ||||||
7 | imposed in addition to any other criminal or administrative | ||||||
8 | sanction. | ||||||
9 | (E) A sixth or subsequent violation of this Section or | ||||||
10 | similar provision is a Class X felony. If at the time of | ||||||
11 | the violation, the alcohol concentration in the | ||||||
12 | defendant's blood, breath, or urine was 0.16 or more based | ||||||
13 | on the definition of blood, breath, or urine units in | ||||||
14 | Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||||||
15 | be imposed in addition to any other criminal or | ||||||
16 | administrative sanction. If at the time of the violation, | ||||||
17 | the defendant was transporting a person under the age of | ||||||
18 | 16, a mandatory fine of $25,000 and 25 days of community | ||||||
19 | service in a program benefiting children shall be imposed | ||||||
20 | in addition to any other criminal or administrative | ||||||
21 | sanction. | ||||||
22 | (F) For a violation of subparagraph (C) of paragraph | ||||||
23 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
24 | a term of imprisonment, shall be sentenced to not less than | ||||||
25 | one year nor more than 12 years. | ||||||
26 | (G) A violation of subparagraph (F) of paragraph (1) of |
| |||||||
| |||||||
1 | this subsection (d) is a Class 2 felony, for which the | ||||||
2 | defendant, unless the court determines that extraordinary | ||||||
3 | circumstances exist and require probation, shall be | ||||||
4 | sentenced to: (i) a term of imprisonment of not less than 3 | ||||||
5 | years and not more than 14 years if the violation resulted | ||||||
6 | in the death of one person; or (ii) a term of imprisonment | ||||||
7 | of not less than 6 years and not more than 28 years if the | ||||||
8 | violation resulted in the deaths of 2 or more persons. | ||||||
9 | (H) For a violation of subparagraph (J) of paragraph | ||||||
10 | (1) of this subsection (d), a mandatory fine of $2,500, and | ||||||
11 | 25 days of community service in a program benefiting | ||||||
12 | children shall be imposed in addition to any other criminal | ||||||
13 | or administrative sanction. | ||||||
14 | (I) A violation of subparagraph (K) of paragraph (1) of | ||||||
15 | this subsection (d), is a Class 2 felony and a mandatory | ||||||
16 | fine of $2,500, and 25 days of community service in a | ||||||
17 | program benefiting children shall be imposed in addition to | ||||||
18 | any other criminal or administrative sanction. If the child | ||||||
19 | being transported suffered bodily harm, but not great | ||||||
20 | bodily harm, in a motor vehicle accident, and the violation | ||||||
21 | was the proximate cause of that injury, a mandatory fine of | ||||||
22 | $5,000 and 25 days of community service in a program | ||||||
23 | benefiting children shall be imposed in addition to any | ||||||
24 | other criminal or administrative sanction. | ||||||
25 | (3) Any person sentenced under this subsection (d) who | ||||||
26 | receives a term of probation or conditional discharge must |
| |||||||
| |||||||
1 | serve a minimum term of either 480 hours of community | ||||||
2 | service or 10 days of imprisonment as a condition of the | ||||||
3 | probation or conditional discharge in addition to any other | ||||||
4 | criminal or administrative sanction. | ||||||
5 | (e) Any reference to a prior violation of subsection (a) or | ||||||
6 | a similar provision includes any violation of a provision of a | ||||||
7 | local ordinance or a provision of a law of another state or an | ||||||
8 | offense committed on a military installation that is similar to | ||||||
9 | a violation of subsection (a) of this Section. | ||||||
10 | (f) The imposition of a mandatory term of imprisonment or | ||||||
11 | assignment of community service for a violation of this Section | ||||||
12 | shall not be suspended or reduced by the court. | ||||||
13 | (g) Any penalty imposed for driving with a license that has | ||||||
14 | been revoked for a previous violation of subsection (a) of this | ||||||
15 | Section shall be in addition to the penalty imposed for any | ||||||
16 | subsequent violation of subsection (a). | ||||||
17 | (h) For any prosecution under this Section, a certified | ||||||
18 | copy of the driving abstract of the defendant shall be admitted | ||||||
19 | as proof of any prior conviction.
| ||||||
20 | (Source: P.A. 94-110, eff. 1-1-06; 94-113, eff. 1-1-06; 94-114, | ||||||
21 | eff. 1-1-06; 94-116, eff. 1-1-06; 94-329, eff. 1-1-06; 94-609, | ||||||
22 | eff. 1-1-06; 94-963, eff. 6-28-06; 95-149, eff. 8-14-07; | ||||||
23 | 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-578, eff. 6-1-08; | ||||||
24 | 95-778, eff. 8-4-08; 95-876, eff. 8-21-08.) | ||||||
25 | Section 10. The Snowmobile Registration and Safety Act is |
| |||||||
| |||||||
1 | amended by changing Sections 5-7 and 5-7.1 and adding Section | ||||||
2 | 5-7.01 as follows:
| ||||||
3 | (625 ILCS 40/5-7)
| ||||||
4 | Sec. 5-7. Operating a snowmobile while under the influence | ||||||
5 | of alcohol or
other drug or drugs, intoxicating compound or | ||||||
6 | compounds, or a combination of
them; criminal penalties; | ||||||
7 | suspension of operating privileges. | ||||||
8 | (a) A person may not operate or be in actual physical | ||||||
9 | control of a
snowmobile within this State
while:
| ||||||
10 | 1. The alcohol concentration in that person's blood or | ||||||
11 | breath is a
concentration at which driving a motor vehicle | ||||||
12 | is prohibited under
subdivision (1) of subsection (a) of
| ||||||
13 | Section 11-501 of the Illinois Vehicle Code;
| ||||||
14 | 2. The person is under the influence of alcohol;
| ||||||
15 | 3. The person is under the influence of any other drug | ||||||
16 | or combination of
drugs to a degree that renders that | ||||||
17 | person incapable of safely operating a
snowmobile;
| ||||||
18 | 3.1. The person is under the influence of any | ||||||
19 | intoxicating compound or
combination of intoxicating | ||||||
20 | compounds to a degree that renders the person
incapable of | ||||||
21 | safely operating a snowmobile;
| ||||||
22 | 4. The person is under the combined influence of | ||||||
23 | alcohol and any other
drug or drugs or intoxicating | ||||||
24 | compound or compounds to a degree that
renders that person | ||||||
25 | incapable of safely
operating a snowmobile; or
|
| |||||||
| |||||||
1 | 5. There is any amount of a drug, substance, or | ||||||
2 | compound in that person's
breath, blood, or urine resulting | ||||||
3 | from the unlawful use or consumption
of cannabis
listed in | ||||||
4 | the Cannabis Control Act, controlled substance listed in | ||||||
5 | the
Illinois Controlled Substances Act, or intoxicating | ||||||
6 | compound listed in the
use
of Intoxicating Compounds Act.
| ||||||
7 | (b) The fact that a person charged with violating this | ||||||
8 | Section is or has
been legally entitled to use alcohol, other | ||||||
9 | drug or drugs, any
intoxicating
compound or compounds, or any | ||||||
10 | combination of them does not constitute a
defense against a | ||||||
11 | charge of violating this Section.
| ||||||
12 | (c) Every person convicted of violating this Section or a | ||||||
13 | similar
provision of a local ordinance is guilty of a
Class A | ||||||
14 | misdemeanor, except as otherwise provided in this Section.
| ||||||
15 | (b-1) (c-1) As used in this Section, "first time offender" | ||||||
16 | means any person who has not had a previous conviction or been | ||||||
17 | assigned supervision for violating this Section or a similar | ||||||
18 | provision of a local ordinance, or any person who has not had a | ||||||
19 | suspension imposed under subsection (e) of Section 5-7.1. | ||||||
20 | (b-2) (c-2) For purposes of this Section, the following are | ||||||
21 | equivalent to a conviction: | ||||||
22 | (1) a forfeiture of bail or collateral deposited to | ||||||
23 | secure a defendant's appearance in court when forfeiture | ||||||
24 | has not been vacated; or | ||||||
25 | (2) the failure of a defendant to appear for trial.
| ||||||
26 | (c) Penalties. |
| |||||||
| |||||||
1 | (1) Except as otherwise provided in this Section, any | ||||||
2 | person convicted of violating subsection (a) of this | ||||||
3 | Section is guilty of a Class A misdemeanor. | ||||||
4 | (2) A person who violates subsection (a) or a similar | ||||||
5 | provision a second time shall be sentenced to a mandatory | ||||||
6 | minimum term of either 5 days of imprisonment or 240 hours | ||||||
7 | of community service in addition to any other criminal or | ||||||
8 | administrative sanction. | ||||||
9 | (3) A person who violates subsection (a) is subject to | ||||||
10 | 6 months of imprisonment, an additional mandatory minimum | ||||||
11 | fine of $1,000, and 25 days of community service in a | ||||||
12 | program benefiting children if the person was transporting | ||||||
13 | a person under the age of 16 at the time of the violation. | ||||||
14 | (4) A person who violates subsection (a) a first time, | ||||||
15 | if the alcohol concentration in his or her blood, breath, | ||||||
16 | or urine was 0.16 or more based on the definition of blood, | ||||||
17 | breath, or urine units in Section 11-501.2 of the Illinois | ||||||
18 | Vehicle Code, shall be subject, in addition to any other | ||||||
19 | penalty that may be imposed, to a mandatory minimum of 100 | ||||||
20 | hours of community service and a mandatory minimum fine of | ||||||
21 | $500. | ||||||
22 | (5) A person who violates subsection (a) a second time, | ||||||
23 | if at the time of the second violation the alcohol | ||||||
24 | concentration in his or her blood, breath, or urine was | ||||||
25 | 0.16 or more based on the definition of blood, breath, or | ||||||
26 | urine units in Section 11-501.2 of the Illinois Vehicle |
| |||||||
| |||||||
1 | Code, shall be subject, in addition to any other penalty | ||||||
2 | that may be imposed, to a mandatory minimum of 2 days of | ||||||
3 | imprisonment and a mandatory minimum fine of $1,250. | ||||||
4 | (d) Aggravated operation of a snowmobile under the | ||||||
5 | influence of alcohol, other drug or drugs, or intoxicating | ||||||
6 | compound or compounds, or any combination thereof. | ||||||
7 | (1) Every person convicted of committing a violation of | ||||||
8 | this Section shall be guilty of aggravated operation of a | ||||||
9 | snowmobile under the influence of alcohol, other drug or | ||||||
10 | drugs, or intoxicating compound or compounds, or any | ||||||
11 | combination thereof if: | ||||||
12 | (A) the person committed a violation of subsection | ||||||
13 | (a) or a similar provision for the third or subsequent | ||||||
14 | time; | ||||||
15 | (B) (blank); | ||||||
16 | (C) the person in committing a violation of | ||||||
17 | subsection (a) was involved in an accident that | ||||||
18 | resulted in great bodily harm or permanent disability | ||||||
19 | or disfigurement to another, when the violation was a | ||||||
20 | proximate cause of the injuries; | ||||||
21 | (D) the person committed a violation of subsection | ||||||
22 | (a) for a second time and has been previously convicted | ||||||
23 | of violating Section 9-3 of the Criminal Code of 1961 | ||||||
24 | or a similar provision of a law of another state | ||||||
25 | relating to reckless homicide in which the person was | ||||||
26 | determined to have been under the influence of alcohol, |
| |||||||
| |||||||
1 | other drug or drugs, or intoxicating compound or | ||||||
2 | compounds as an element of the offense or the person | ||||||
3 | has previously been convicted under subparagraph (C) | ||||||
4 | or subparagraph (F) of this paragraph (1); | ||||||
5 | (E) (blank); | ||||||
6 | (F) the person, in committing a violation of | ||||||
7 | subsection (a), was involved in an accident that | ||||||
8 | resulted in the death of another person, when the | ||||||
9 | violation of subsection (a) was a proximate cause of | ||||||
10 | the death; | ||||||
11 | (G) the person committed a violation of subsection | ||||||
12 | (a) during a period in which the defendant's privileges | ||||||
13 | to operate a motor vehicle, snowmobile, or watercraft | ||||||
14 | are revoked or suspended, where the revocation or | ||||||
15 | suspension was for a violation of subsection (a), | ||||||
16 | Section 5-16 of the Boat Registration and Safety Act, | ||||||
17 | Section 11-501 or 11-501.1 of the Illinois Vehicle | ||||||
18 | Code, paragraph (b) of Section 11-401 of the Illinois | ||||||
19 | Vehicle Code, or for reckless homicide as defined in | ||||||
20 | Section 9-3 of the Criminal Code of 1961; | ||||||
21 | (H) the person committed the violation while he or | ||||||
22 | she did not possess a driver's license or permit or a | ||||||
23 | restricted driving permit or a judicial driving permit | ||||||
24 | or a monitoring device driving permit; | ||||||
25 | (I) (blank); | ||||||
26 | (J) the person in committing a violation of |
| |||||||
| |||||||
1 | subsection (a) was involved in an accident that | ||||||
2 | resulted in bodily harm, but not great bodily harm, to | ||||||
3 | the child under the age of 16 being transported by the | ||||||
4 | person, if the violation was the proximate cause of the | ||||||
5 | injury; or | ||||||
6 | (K) the person in committing a second violation of | ||||||
7 | subsection (a) or a similar provision was transporting | ||||||
8 | a person under the age of 16. | ||||||
9 | (2)(A) Except as provided otherwise, a person | ||||||
10 | convicted of aggravated operation of a snowmobile under the | ||||||
11 | influence of alcohol, other drug or drugs, or intoxicating | ||||||
12 | compound or compounds, or any combination thereof is guilty | ||||||
13 | of a Class 4 felony. | ||||||
14 | (B) A third violation of this Section or a similar | ||||||
15 | provision is a Class 2 felony. If at the time of the third | ||||||
16 | violation the alcohol concentration in his or her blood, | ||||||
17 | breath, or urine was 0.16 or more based on the definition | ||||||
18 | of blood, breath, or urine units in Section 11-501.2 of the | ||||||
19 | Illinois Vehicle Code, a mandatory minimum of 90 days of | ||||||
20 | imprisonment and a mandatory minimum fine of $2,500 shall | ||||||
21 | be imposed in addition to any other criminal or | ||||||
22 | administrative sanction. If at the time of the third | ||||||
23 | violation, the defendant was transporting a person under | ||||||
24 | the age of 16, a mandatory fine of $25,000 and 25 days of | ||||||
25 | community service in a program benefiting children shall be | ||||||
26 | imposed in addition to any other criminal or administrative |
| |||||||
| |||||||
1 | sanction. | ||||||
2 | (C) A fourth violation of this Section or a similar | ||||||
3 | provision is a Class 2 felony, for which a sentence of | ||||||
4 | probation or conditional discharge may not be imposed. If | ||||||
5 | at the time of the violation, the alcohol concentration in | ||||||
6 | the defendant's blood, breath, or urine was 0.16 or more | ||||||
7 | based on the definition of blood, breath, or urine units in | ||||||
8 | Section 11-501.2 of the Illinois Vehicle Code, a mandatory | ||||||
9 | minimum fine of $5,000 shall be imposed in addition to any | ||||||
10 | other criminal or administrative sanction. If at the time | ||||||
11 | of the fourth violation, the defendant was transporting a | ||||||
12 | person under the age of 16 a mandatory fine of $25,000 and | ||||||
13 | 25 days of community service in a program benefiting | ||||||
14 | children shall be imposed in addition to any other criminal | ||||||
15 | or administrative sanction. | ||||||
16 | (D) A fifth violation of this Section or a similar | ||||||
17 | provision is a Class 1 felony, for which a sentence of | ||||||
18 | probation or conditional discharge may not be imposed. If | ||||||
19 | at the time of the violation, the alcohol concentration in | ||||||
20 | the defendant's blood, breath, or urine was 0.16 or more | ||||||
21 | based on the definition of blood, breath, or urine units in | ||||||
22 | Section 11-501.2 of the Illinois Vehicle Code, a mandatory | ||||||
23 | minimum fine of $5,000 shall be imposed in addition to any | ||||||
24 | other criminal or administrative sanction. If at the time | ||||||
25 | of the fifth violation, the defendant was transporting a | ||||||
26 | person under the age of 16, a mandatory fine of $25,000, |
| |||||||
| |||||||
1 | and 25 days of community service in a program benefiting | ||||||
2 | children shall be imposed in addition to any other criminal | ||||||
3 | or administrative sanction. | ||||||
4 | (E) A sixth or subsequent violation of this Section or | ||||||
5 | similar provision is a Class X felony. If at the time of | ||||||
6 | the violation, the alcohol concentration in the | ||||||
7 | defendant's blood, breath, or urine was 0.16 or more based | ||||||
8 | on the definition of blood, breath, or urine units in | ||||||
9 | Section 11-501.2 of the Illinois Vehicle Code, a mandatory | ||||||
10 | minimum fine of $5,000 shall be imposed in addition to any | ||||||
11 | other criminal or administrative sanction. If at the time | ||||||
12 | of the violation, the defendant was transporting a person | ||||||
13 | under the age of 16, a mandatory fine of $25,000 and 25 | ||||||
14 | days of community service in a program benefiting children | ||||||
15 | shall be imposed in addition to any other criminal or | ||||||
16 | administrative sanction. | ||||||
17 | (F) For a violation of subparagraph (C) of paragraph | ||||||
18 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
19 | a term of imprisonment, shall be sentenced to not less than | ||||||
20 | one year nor more than 12 years. | ||||||
21 | (G) A violation of subparagraph (F) of paragraph (1) of | ||||||
22 | this subsection (d) is a Class 2 felony, for which the | ||||||
23 | defendant, unless the court determines that extraordinary | ||||||
24 | circumstances exist and require probation, shall be | ||||||
25 | sentenced to: (i) a term of imprisonment of not less than 3 | ||||||
26 | years and not more than 14 years if the violation resulted |
| |||||||
| |||||||
1 | in the death of one person; or (ii) a term of imprisonment | ||||||
2 | of not less than 6 years and not more than 28 years if the | ||||||
3 | violation resulted in the deaths of 2 or more persons. | ||||||
4 | (H) For a violation of subparagraph (J) of paragraph | ||||||
5 | (1) of this subsection (d), a mandatory fine of $2,500, and | ||||||
6 | 25 days of community service in a program benefiting | ||||||
7 | children shall be imposed in addition to any other criminal | ||||||
8 | or administrative sanction. | ||||||
9 | (I) A violation of subparagraph (K) of paragraph (1) of | ||||||
10 | this subsection (d), is a Class 2 felony and a mandatory | ||||||
11 | fine of $2,500, and 25 days of community service in a | ||||||
12 | program benefiting children shall be imposed in addition to | ||||||
13 | any other criminal or administrative sanction. If the child | ||||||
14 | being transported suffered bodily harm, but not great | ||||||
15 | bodily harm, in a motor vehicle accident, and the violation | ||||||
16 | was the proximate cause of that injury, a mandatory fine of | ||||||
17 | $5,000 and 25 days of community service in a program | ||||||
18 | benefiting children shall be imposed in addition to any | ||||||
19 | other criminal or administrative sanction. | ||||||
20 | (3) Any person sentenced under this subsection (d) who | ||||||
21 | receives a term of probation or conditional discharge must | ||||||
22 | serve a minimum term of either 480 hours of community | ||||||
23 | service or 10 days of imprisonment as a condition of the | ||||||
24 | probation or conditional discharge in addition to any other | ||||||
25 | criminal or administrative sanction. | ||||||
26 | (e) Any reference to a prior violation of subsection (a) or |
| |||||||
| |||||||
1 | a similar provision includes any violation of a provision of a | ||||||
2 | local ordinance or a provision of a law of another state or an | ||||||
3 | offense committed on a military installation that is similar to | ||||||
4 | a violation of subsection (a) of this Section. | ||||||
5 | (f) The imposition of a mandatory term of imprisonment or | ||||||
6 | assignment of community service for a violation of this Section | ||||||
7 | shall not be suspended or reduced by the court. | ||||||
8 | (g) Any penalty imposed for operation of a snowmobile when | ||||||
9 | snowmobile operation
privileges have been revoked for a | ||||||
10 | previous violation of subsection (a) of this Section shall be | ||||||
11 | in addition to the penalty imposed for any subsequent violation | ||||||
12 | of subsection (a). | ||||||
13 | (h) For any prosecution under this Section, a certified | ||||||
14 | copy of the snowmobile operating record or abstract of the | ||||||
15 | defendant shall be admitted as proof of any prior conviction. | ||||||
16 | (d) Every person convicted of violating this Section is | ||||||
17 | guilty of a
Class 4 felony if:
| ||||||
18 | 1. The person has a previous conviction under this | ||||||
19 | Section;
| ||||||
20 | 2. The offense results in personal injury where a | ||||||
21 | person other than the
operator suffers great bodily harm or | ||||||
22 | permanent disability or disfigurement,
when the violation | ||||||
23 | was a proximate cause of the injuries.
A person guilty of a | ||||||
24 | Class 4 felony under this paragraph 2, if sentenced to a
| ||||||
25 | term of imprisonment, shall be sentenced to not less than | ||||||
26 | one year nor more
than
12 years; or
|
| |||||||
| |||||||
1 | 3. The offense occurred during a period in which the | ||||||
2 | person's privileges
to
operate a snowmobile are revoked or | ||||||
3 | suspended, and the revocation or
suspension was for a | ||||||
4 | violation of this Section or was imposed under Section
| ||||||
5 | 5-7.1.
| ||||||
6 | (e) Every person convicted of violating this Section is | ||||||
7 | guilty
of a
Class 2 felony if the offense results in the death | ||||||
8 | of a person.
A person guilty of a Class 2 felony under this | ||||||
9 | subsection (e), if sentenced
to
a term of imprisonment, shall | ||||||
10 | be sentenced to a term of not less than 3 years
and not more | ||||||
11 | than 14 years.
| ||||||
12 | (e-1) Every person convicted of violating this Section or a | ||||||
13 | similar
provision of a local ordinance who had a child under | ||||||
14 | the age of 16 on board the
snowmobile at the time of offense | ||||||
15 | shall be subject to a mandatory minimum fine
of $500 and shall | ||||||
16 | be subject to a mandatory minimum of 5 days of community
| ||||||
17 | service in a program benefiting children. The assignment under | ||||||
18 | this subsection
shall not be subject to suspension nor shall | ||||||
19 | the person be eligible for
probation in order to reduce the | ||||||
20 | assignment.
| ||||||
21 | (i) (e-2) Every person found guilty of violating this | ||||||
22 | Section, whose operation
of
a snowmobile while in violation of | ||||||
23 | this Section proximately caused any incident
resulting in an | ||||||
24 | appropriate emergency response, shall be liable for the expense
| ||||||
25 | of an emergency response as provided in subsection (i) (m) of | ||||||
26 | Section 11-501.01 11-501 of the Illinois Vehicle Code.
|
| |||||||
| |||||||
1 | (j) (e-3) In addition to any other penalties and | ||||||
2 | liabilities, a person who is
found guilty of violating this | ||||||
3 | Section, including any person placed on court
supervision, | ||||||
4 | shall be fined $100, payable to the circuit clerk, who shall
| ||||||
5 | distribute the money to the law enforcement agency that made | ||||||
6 | the arrest. In the
event that more than one agency is | ||||||
7 | responsible for the arrest, the $100
shall be shared equally. | ||||||
8 | Any moneys received by a law enforcement agency under
this | ||||||
9 | subsection (e-3) shall be used to purchase law enforcement | ||||||
10 | equipment or to
provide law enforcement training that will | ||||||
11 | assist in the prevention of alcohol
related criminal violence | ||||||
12 | throughout the State. Law enforcement equipment shall
include, | ||||||
13 | but is not limited to, in-car video cameras, radar and laser | ||||||
14 | speed
detection devices, and alcohol breath testers.
| ||||||
15 | (k) (f) In addition to any criminal penalties imposed, the
| ||||||
16 | Department of Natural Resources shall suspend the
snowmobile | ||||||
17 | operation privileges of
a person convicted or found guilty of a | ||||||
18 | misdemeanor under this
Section for a period of one
year, except | ||||||
19 | that first-time offenders are exempt from
this mandatory one | ||||||
20 | year suspension.
| ||||||
21 | (l) (g) In addition to any criminal penalties imposed, the | ||||||
22 | Department of Natural
Resources shall suspend for a period of 5 | ||||||
23 | years the snowmobile operation
privileges of any person | ||||||
24 | convicted or found guilty of a felony under this
Section.
| ||||||
25 | (Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07.)
|
| |||||||
| |||||||
1 | (625 ILCS 40/5-7.01 new)
| ||||||
2 | Sec. 5-7.01. Additional administrative sanctions. | ||||||
3 | (a) After a finding of guilt and prior to any final | ||||||
4 | sentencing or an order for supervision, for an offense based | ||||||
5 | upon an arrest for a violation of Section 5-7 or a similar | ||||||
6 | provision of a local ordinance, individuals shall be required | ||||||
7 | to undergo a professional evaluation to determine if an | ||||||
8 | alcohol, drug, or intoxicating compound abuse problem exists | ||||||
9 | and the extent of the problem, and undergo the imposition of | ||||||
10 | treatment as appropriate. Programs conducting these | ||||||
11 | evaluations shall be licensed by the Department of Human | ||||||
12 | Services. The cost of any professional evaluation shall be paid | ||||||
13 | for by the individual required to undergo the professional | ||||||
14 | evaluation. | ||||||
15 | (b) Any person who is found guilty of or pleads guilty to | ||||||
16 | violating Section 5-7, including any person receiving a | ||||||
17 | disposition of court supervision for violating that Section, | ||||||
18 | may be required by the Court to attend a victim impact panel | ||||||
19 | offered by, or under contract with, a county State's Attorney's | ||||||
20 | office, a probation and court services department, Mothers | ||||||
21 | Against Drunk Driving, or the Alliance Against Intoxicated | ||||||
22 | Motorists. All costs generated by the victim impact panel shall | ||||||
23 | be paid from fees collected from the offender or as may be | ||||||
24 | determined by the court.
| ||||||
25 | (625 ILCS 40/5-7.1)
|
| |||||||
| |||||||
1 | Sec. 5-7.1. Implied consent.
| ||||||
2 | (a) A person who operates or is in actual physical control | ||||||
3 | of a
snowmobile in this State is deemed to have
given consent | ||||||
4 | to a chemical test or tests of blood, breath, or urine for the
| ||||||
5 | purpose of determining the content of alcohol, other drug or
| ||||||
6 | drugs, intoxicating compound or compounds, or a combination of | ||||||
7 | them in that person's blood if
arrested for a violation of | ||||||
8 | Section 5-7. The chemical test or tests shall
be
administered | ||||||
9 | at the direction of the arresting officer. The law enforcement
| ||||||
10 | agency employing the officer shall designate which tests shall | ||||||
11 | be
administered. A urine test may be administered even after a | ||||||
12 | blood or breath
test or both has been administered.
| ||||||
13 | (a-1) For the purposes of this Section, an Illinois law | ||||||
14 | enforcement
officer of this State who is investigating the | ||||||
15 | person for any offense defined
in Section 5-7 may travel into | ||||||
16 | an adjoining state, where the person has been
transported for | ||||||
17 | medical care to complete an investigation and to request that
| ||||||
18 | the person submit to the test or tests set forth in this | ||||||
19 | Section. The
requirements of this Section that the person be | ||||||
20 | arrested are inapplicable, but
the officer shall issue the | ||||||
21 | person a uniform citation for an offense as defined
in Section | ||||||
22 | 5-7 or a similar provision of a local ordinance prior to | ||||||
23 | requesting
that the person submit to the test or tests. The | ||||||
24 | issuance of the uniform
citation shall not
constitute an | ||||||
25 | arrest, but shall be for the purpose of notifying the person | ||||||
26 | that
he or she is subject to the provisions of this Section and |
| |||||||
| |||||||
1 | of the officer's
belief of the existence of probable cause to | ||||||
2 | arrest. Upon returning to this
State, the officer shall file | ||||||
3 | the uniform citation with the circuit clerk of
the county where | ||||||
4 | the offense was committed and shall seek the issuance of an
| ||||||
5 | arrest warrant or a summons for the person.
| ||||||
6 | (a-2) Notwithstanding any ability to refuse under this Act | ||||||
7 | to submit to
these
tests or any ability to revoke the implied | ||||||
8 | consent to these tests, if a law
enforcement officer has | ||||||
9 | probable cause to believe that a snowmobile operated by
or | ||||||
10 | under actual physical control of a person under the influence | ||||||
11 | of alcohol,
other drug or drugs, intoxicating
compound or | ||||||
12 | compounds, or any combination of them has caused the death or
| ||||||
13 | personal injury to another, that person shall submit, upon the | ||||||
14 | request of a law
enforcement officer, to a chemical test or | ||||||
15 | tests of his or her blood, breath,
or
urine for the purpose of | ||||||
16 | determining the alcohol content or the
presence of any other | ||||||
17 | drug or combination of both. For the purposes of this
Section, | ||||||
18 | a personal injury includes severe bleeding wounds, distorted
| ||||||
19 | extremities, and injuries that require the injured party to be | ||||||
20 | carried from the
scene for immediate professional attention in | ||||||
21 | either a doctor's office or a
medical facility.
| ||||||
22 | (b) A person who is dead, unconscious, or who is otherwise | ||||||
23 | in a condition
rendering that person incapable of refusal, is | ||||||
24 | deemed not to have
withdrawn the consent provided in subsection | ||||||
25 | (a), and the test or tests may
be administered.
| ||||||
26 | (c) A person requested to submit to a test as provided in |
| |||||||
| |||||||
1 | this Section shall
be verbally advised by the law enforcement | ||||||
2 | officer requesting the test that a
refusal to submit to the | ||||||
3 | test will result in suspension of that person's
privilege to | ||||||
4 | operate a snowmobile or watercraft for a minimum of 2 years , | ||||||
5 | and the statutory summary suspension of the person's privilege | ||||||
6 | to operate a motor vehicle, as provided in Section 6-208.1 of | ||||||
7 | the Illinois Vehicle Code, and will also result in the | ||||||
8 | disqualification of the person's privilege to operate a | ||||||
9 | commercial motor vehicle, as provided in Section 6-514 of the | ||||||
10 | Illinois Vehicle Code, if the person is a CDL holder. The | ||||||
11 | person shall also be warned by the law enforcement officer that | ||||||
12 | if the person submits to the test or tests provided in | ||||||
13 | paragraph (a) of this Section and the alcohol concentration in | ||||||
14 | the person's blood or breath is 0.08 or greater, or any amount | ||||||
15 | of a drug, substance, or compound resulting from the unlawful | ||||||
16 | use or consumption of cannabis as covered by the Cannabis | ||||||
17 | Control Act, a controlled substance listed in the Illinois | ||||||
18 | Controlled Substances Act, an intoxicating compound listed in | ||||||
19 | the Use of Intoxicating Compounds Act, or methamphetamine as | ||||||
20 | listed in the Methamphetamine Control and Community Protection | ||||||
21 | Act is detected in the person's blood or urine, a statutory | ||||||
22 | summary suspension of the person's privilege to operate a motor | ||||||
23 | vehicle, as provided in Sections 6-208.1 and 11-501.1 of the | ||||||
24 | Illinois Vehicle Code, and a disqualification of the person's | ||||||
25 | privilege to operate a commercial motor vehicle, as provided in | ||||||
26 | Section 6-514 of the Illinois Vehicle Code, if the person is a |
| |||||||
| |||||||
1 | CDL holder, will be imposed. | ||||||
2 | A person who is under the age of 21 at the time the person | ||||||
3 | is requested to submit to a test as provided above shall, in | ||||||
4 | addition to the warnings provided for in this Section, be | ||||||
5 | further warned by the law enforcement officer requesting the | ||||||
6 | test that if the person submits to the test or tests provided | ||||||
7 | in paragraph (a) of this Section and the alcohol concentration | ||||||
8 | in the person's blood or breath is greater than 0.00 and less | ||||||
9 | than 0.08, a suspension of the person's privilege to operate a | ||||||
10 | motor vehicle, as provided under Sections 6-208.2 and 11-501.8 | ||||||
11 | of the Illinois Vehicle Code, will be imposed. The results of | ||||||
12 | this test shall be admissible in a civil or criminal action or | ||||||
13 | proceeding arising from an arrest for an offense as defined in | ||||||
14 | Section 5-7 of this Act or a similar provision of a local | ||||||
15 | ordinance or pursuant to Section 11-501.4 of the Illinois | ||||||
16 | Vehicle Code in prosecutions for reckless homicide brought | ||||||
17 | under the Criminal Code of 1961. These test results, however, | ||||||
18 | shall be admissible only in actions or proceedings directly | ||||||
19 | related to the incident upon which the test request was made. .
| ||||||
20 | (d) Following this warning, if a person under arrest | ||||||
21 | refuses upon the
request of a law enforcement officer to submit | ||||||
22 | to a test designated by the
officer, no tests may be given, but | ||||||
23 | the law enforcement officer
shall file with
the clerk of the | ||||||
24 | circuit court for the county in which the arrest was made,
and | ||||||
25 | with the Department of Natural Resources, a
sworn statement | ||||||
26 | naming the person refusing to take and complete the
chemical |
| |||||||
| |||||||
1 | test or
tests requested under the provisions of this Section. | ||||||
2 | The sworn statement
shall identify the arrested person, the | ||||||
3 | person's current residence address and
shall specify that a | ||||||
4 | refusal by that person to take the chemical test or
tests was | ||||||
5 | made.
The sworn statement shall include a statement
that the | ||||||
6 | officer had reasonable cause to believe the person was | ||||||
7 | operating or
was in actual physical control of the
snowmobile | ||||||
8 | within this State while under the influence of alcohol,
other | ||||||
9 | drug or drugs, an intoxicating compound or compound, or a | ||||||
10 | combination
of them
and that a chemical test or tests were | ||||||
11 | requested as an incident to and
following the
lawful
arrest for | ||||||
12 | an offense as defined in Section 5-7 or a similar provision of | ||||||
13 | a
local ordinance, and that the person, after being arrested | ||||||
14 | for an offense
arising out of acts alleged to have been | ||||||
15 | committed while operating a
snowmobile,
refused to submit to | ||||||
16 | and complete a chemical test or tests as requested by
the law
| ||||||
17 | enforcement officer.
| ||||||
18 | (e) The law enforcement officer submitting the sworn | ||||||
19 | statement shall serve
immediate written notice upon the person | ||||||
20 | refusing the chemical test or tests
that the person's privilege | ||||||
21 | to operate a snowmobile or watercraft within this State will be
| ||||||
22 | suspended for a period of 2 years , a statutory summary | ||||||
23 | suspension of the person's privilege to operate a motor | ||||||
24 | vehicle, as provided in Sections 6-208.1 and 6-208.2 of the | ||||||
25 | Illinois Vehicle Code will be imposed, and a disqualification | ||||||
26 | of the person's privilege to operate a commercial motor |
| |||||||
| |||||||
1 | vehicle, as provided in Section 6-514 of the Illinois Vehicle | ||||||
2 | Code, if the person is a CDL holder, will be imposed unless, | ||||||
3 | within
28 days from the date of the notice, the person requests | ||||||
4 | in writing a hearing
on the suspension.
| ||||||
5 | If the person desires a hearing, the person shall file a | ||||||
6 | complaint in the
circuit court in the county where that person | ||||||
7 | was arrested within 28 days from
the date of the notice.
The | ||||||
8 | hearing shall proceed in the court in the same manner as other | ||||||
9 | civil
proceedings. The hearing shall cover only the following | ||||||
10 | issues: (1) whether
the person was placed under
arrest for an | ||||||
11 | offense as defined in Section 5-7 or a similar provision of a
| ||||||
12 | local
ordinance as evidenced by the issuance of a uniform | ||||||
13 | citation; (2) whether the
arresting officer had reasonable | ||||||
14 | grounds to believe that the person was
operating a snowmobile | ||||||
15 | while under the influence of alcohol, other
drug or
drugs, an | ||||||
16 | intoxicating compound or compounds, or a combination of them; | ||||||
17 | and
(3) whether that person refused to submit to and complete | ||||||
18 | the chemical
test or tests upon
the
request of the law | ||||||
19 | enforcement officer. Whether the person was informed that
the | ||||||
20 | person's privilege to operate a snowmobile would be suspended | ||||||
21 | if that
person refused to submit to the chemical test or tests | ||||||
22 | may not be an issue
in the hearing.
| ||||||
23 | If the person fails to request a hearing in writing within | ||||||
24 | 28 days of the
date of the notice, or if a hearing is held and | ||||||
25 | the court finds against the
person on the issues before the | ||||||
26 | court,
the clerk shall immediately notify the Department of |
| |||||||
| |||||||
1 | Natural Resources, and the Department shall suspend the | ||||||
2 | snowmobile operation
privileges of
that person for at least 2 | ||||||
3 | years.
| ||||||
4 | If the person fails to request in writing a hearing within | ||||||
5 | 28 days from
the date of notice, or if a hearing is held and the | ||||||
6 | court finds against the
person on the issues before the court, | ||||||
7 | the
clerk shall immediately notify the Secretary of State, and | ||||||
8 | the Secretary of State shall impose a statutory summary | ||||||
9 | suspension of the person's privilege to operate a motor | ||||||
10 | vehicle, as provided in Sections 6-208.1 and 6-208.2 of the | ||||||
11 | Illinois Vehicle Code, and a disqualification of the person's | ||||||
12 | privilege to operate a commercial motor vehicle, as provided in | ||||||
13 | Section 6-514 of the Illinois Vehicle Code, if the person is a | ||||||
14 | CDL holder. | ||||||
15 | (f) (Blank).
| ||||||
16 | (f-1) If the person submits to a test that discloses an | ||||||
17 | alcohol
concentration of 0.08 or more, or any amount of a drug, | ||||||
18 | substance, or
intoxicating compound in the person's breath, | ||||||
19 | blood, or urine resulting from
the unlawful use of cannabis | ||||||
20 | listed in the Cannabis Control Act, a controlled
substance | ||||||
21 | listed in the Illinois Controlled Substances Act, or an | ||||||
22 | intoxicating
compound listed in the Use of Intoxicating | ||||||
23 | Compounds Act, the law enforcement
officer shall
immediately | ||||||
24 | submit a sworn report to the circuit clerk of venue and the
| ||||||
25 | Department of Natural
Resources, certifying that the test or | ||||||
26 | tests was or were requested under
subsection (a-1) of this |
| |||||||
| |||||||
1 | Section and the person submitted to testing that
disclosed an | ||||||
2 | alcohol concentration of 0.08 or more.
| ||||||
3 | In cases where the blood alcohol concentration of 0.08 or | ||||||
4 | greater or any
amount of drug, substance, or compound resulting | ||||||
5 | from the unlawful use of
cannabis, a controlled substance, or | ||||||
6 | an intoxicating compound is established by
a subsequent | ||||||
7 | analysis of blood or urine collected at the time of arrest, the
| ||||||
8 | arresting officer or arresting agency shall immediately submit | ||||||
9 | a sworn report
to the circuit clerk of venue and the Department | ||||||
10 | of Natural Resources upon
receipt of the test results.
| ||||||
11 | (g) A person must submit to each chemical test offered by | ||||||
12 | the law
enforcement officer
in order to comply with implied | ||||||
13 | consent provisions of this Section.
| ||||||
14 | (h) The provision of Section 11-501.2 of the Illinois | ||||||
15 | Vehicle Code
concerning the certification and use of chemical | ||||||
16 | tests applies to the use of
those tests under this Section.
| ||||||
17 | (Source: P.A. 93-156, eff. 1-1-04.)
| ||||||
18 | Section 15. The Boat Registration and Safety Act is amended | ||||||
19 | by changing Section 5-16 and adding Section 5-16c as follows:
| ||||||
20 | (625 ILCS 45/5-16)
| ||||||
21 | Sec. 5-16. Operating a watercraft under the influence of | ||||||
22 | alcohol,
other drug or drugs, intoxicating compound or | ||||||
23 | compounds, or combination
thereof.
| ||||||
24 | (a) (A) 1. A person shall not operate or be in actual |
| |||||||
| |||||||
1 | physical control of
any
watercraft within this State while:
| ||||||
2 | (1) (a) The alcohol concentration in such person's | ||||||
3 | blood or breath is a
concentration at which driving a motor | ||||||
4 | vehicle is prohibited under subdivision
(1) of subsection | ||||||
5 | (a) of
Section 11-501 of the Illinois Vehicle Code;
| ||||||
6 | (2) (b) Under the influence of alcohol;
| ||||||
7 | (3) (c) Under the influence of any other drug or | ||||||
8 | combination of drugs to a
degree which renders such person | ||||||
9 | incapable of safely operating
any watercraft;
| ||||||
10 | (4) (c-1) Under the influence of any intoxicating | ||||||
11 | compound or combination
of
intoxicating compounds to a | ||||||
12 | degree that renders the person incapable of safely
| ||||||
13 | operating
any watercraft;
| ||||||
14 | (5) (d) Under the combined influence of alcohol and any | ||||||
15 | other drug or
drugs to a degree which renders such person | ||||||
16 | incapable of safely operating
a watercraft; or
| ||||||
17 | (6) (e) There is any amount of a drug, substance, or | ||||||
18 | compound in the
person's blood or urine resulting from the | ||||||
19 | unlawful use or consumption of
cannabis listed in the | ||||||
20 | Cannabis Control Act, a
controlled substance
listed in the | ||||||
21 | Illinois Controlled Substances Act, or an intoxicating | ||||||
22 | compound
listed in the Use of Intoxicating Compounds Act.
| ||||||
23 | 2. The fact that any person charged with violating this | ||||||
24 | Section is or
has been legally entitled to use alcohol, other | ||||||
25 | drug or drugs, any
intoxicating compound or compounds, or any | ||||||
26 | combination of
them, shall not constitute a defense against any |
| |||||||
| |||||||
1 | charge of
violating this
Section.
| ||||||
2 | (b) (Blank). | ||||||
3 | (c) Penalties. | ||||||
4 | (1) Except as otherwise provided in this Section, any | ||||||
5 | person convicted of violating subsection (a) of this | ||||||
6 | Section is guilty of a Class A misdemeanor. | ||||||
7 | (2) A person who violates subsection (a) or a similar | ||||||
8 | provision a second time shall be sentenced to a mandatory | ||||||
9 | minimum term of either 5 days of imprisonment or 240 hours | ||||||
10 | of community service in addition to any other criminal or | ||||||
11 | administrative sanction. | ||||||
12 | (3) A person who violates subsection (a) is subject to | ||||||
13 | 6 months of imprisonment, an additional mandatory minimum | ||||||
14 | fine of $1,000, and 25 days of community service in a | ||||||
15 | program benefiting children if the person was transporting | ||||||
16 | a person under the age of 16 at the time of the violation. | ||||||
17 | (4) A person who violates subsection (a) a first time, | ||||||
18 | if the alcohol concentration in his or her blood, breath, | ||||||
19 | or urine was 0.16 or more based on the definition of blood, | ||||||
20 | breath, or urine units in Section 11-501.2 of the Illinois | ||||||
21 | Vehicle Code, shall be subject, in addition to any other | ||||||
22 | penalty that may be imposed, to a mandatory minimum of 100 | ||||||
23 | hours of community service and a mandatory minimum fine of | ||||||
24 | $500. | ||||||
25 | (5) A person who violates subsection (a) a second time, | ||||||
26 | if at the time of the second violation the alcohol |
| |||||||
| |||||||
1 | concentration in his or her blood, breath, or urine was | ||||||
2 | 0.16 or more based on the definition of blood, breath, or | ||||||
3 | urine units in Section 11-501.2 of the Illinois Vehicle | ||||||
4 | Code, shall be subject, in addition to any other penalty | ||||||
5 | that may be imposed, to a mandatory minimum of 2 days of | ||||||
6 | imprisonment and a mandatory minimum fine of $1,250. | ||||||
7 | (d) Aggravated operation of a watercraft under the | ||||||
8 | influence of alcohol, other drug or drugs, or intoxicating | ||||||
9 | compound or compounds, or any combination thereof. | ||||||
10 | (1) Every person convicted of committing a violation of | ||||||
11 | this Section shall be guilty of aggravated operation of a | ||||||
12 | watercraft under the influence of alcohol, other drug or | ||||||
13 | drugs, or intoxicating compound or compounds, or any | ||||||
14 | combination thereof if: | ||||||
15 | (A) the person committed a violation of subsection | ||||||
16 | (a) or a similar provision for the third or subsequent | ||||||
17 | time; | ||||||
18 | (B) (blank); | ||||||
19 | (C) the person in committing a violation of | ||||||
20 | subsection (a) was involved in an accident that | ||||||
21 | resulted in great bodily harm or permanent disability | ||||||
22 | or disfigurement to another, when the violation was a | ||||||
23 | proximate cause of the injuries; | ||||||
24 | (D) the person committed a violation of subsection | ||||||
25 | (a) for a second time and has been previously convicted | ||||||
26 | of violating Section 9-3 of the Criminal Code of 1961 |
| |||||||
| |||||||
1 | or a similar provision of a law of another state | ||||||
2 | relating to reckless homicide in which the person was | ||||||
3 | determined to have been under the influence of alcohol, | ||||||
4 | other drug or drugs, or intoxicating compound or | ||||||
5 | compounds as an element of the offense or the person | ||||||
6 | has previously been convicted under subparagraph (C) | ||||||
7 | or subparagraph (F) of this paragraph (1); | ||||||
8 | (E) (blank); | ||||||
9 | (F) the person, in committing a violation of | ||||||
10 | subsection (a), was involved in an accident that | ||||||
11 | resulted in the death of another person, when the | ||||||
12 | violation of subsection (a) was a proximate cause of | ||||||
13 | the death; | ||||||
14 | (G) the person committed a violation of subsection | ||||||
15 | (a) during a period in which the defendant's privileges | ||||||
16 | to operate a motor vehicle, snowmobile, or watercraft | ||||||
17 | are revoked or suspended, where the revocation or | ||||||
18 | suspension was for a violation of subsection (a), | ||||||
19 | Section 5-7 of the Snowmobile Registration and Safety | ||||||
20 | Act, Section 11-501 or 11-501.1 of the Illinois Vehicle | ||||||
21 | Code, paragraph (b) of Section 11-401 of the Illinois | ||||||
22 | Vehicle Code, or for reckless homicide as defined in | ||||||
23 | Section 9-3 of the Criminal Code of 1961; | ||||||
24 | (H) the person committed the violation while he or | ||||||
25 | she did not possess a driver's license or permit or a | ||||||
26 | restricted driving permit or a judicial driving permit |
| |||||||
| |||||||
1 | or a monitoring device driving permit; | ||||||
2 | (I) (blank); | ||||||
3 | (J) the person in committing a violation of | ||||||
4 | subsection (a) was involved in an accident that | ||||||
5 | resulted in bodily harm, but not great bodily harm, to | ||||||
6 | the child under the age of 16 being transported by the | ||||||
7 | person, if the violation was the proximate cause of the | ||||||
8 | injury; or | ||||||
9 | (K) the person in committing a second violation of | ||||||
10 | subsection (a) or a similar provision was transporting | ||||||
11 | a person under the age of 16. | ||||||
12 | (2)(A) Except as provided otherwise, a person | ||||||
13 | convicted of aggravated operation of a watercraft under the | ||||||
14 | influence of alcohol, other drug or drugs, or intoxicating | ||||||
15 | compound or compounds, or any combination thereof is guilty | ||||||
16 | of a Class 4 felony. | ||||||
17 | (B) A third violation of this Section or a similar | ||||||
18 | provision is a Class 2 felony. If at the time of the third | ||||||
19 | violation the alcohol concentration in his or her blood, | ||||||
20 | breath, or urine was 0.16 or more based on the definition | ||||||
21 | of blood, breath, or urine units in Section 11-501.2 of the | ||||||
22 | Illinois Vehicle Code, a mandatory minimum of 90 days of | ||||||
23 | imprisonment and a mandatory minimum fine of $2,500 shall | ||||||
24 | be imposed in addition to any other criminal or | ||||||
25 | administrative sanction. If at the time of the third | ||||||
26 | violation, the defendant was transporting a person under |
| |||||||
| |||||||
1 | the age of 16, a mandatory fine of $25,000 and 25 days of | ||||||
2 | community service in a program benefiting children shall be | ||||||
3 | imposed in addition to any other criminal or administrative | ||||||
4 | sanction. | ||||||
5 | (C) A fourth violation of this Section or a similar | ||||||
6 | provision is a Class 2 felony, for which a sentence of | ||||||
7 | probation or conditional discharge may not be imposed. If | ||||||
8 | at the time of the violation, the alcohol concentration in | ||||||
9 | the defendant's blood, breath, or urine was 0.16 or more | ||||||
10 | based on the definition of blood, breath, or urine units in | ||||||
11 | Section 11-501.2 of the Illinois Vehicle Code, a mandatory | ||||||
12 | minimum fine of $5,000 shall be imposed in addition to any | ||||||
13 | other criminal or administrative sanction. If at the time | ||||||
14 | of the fourth violation, the defendant was transporting a | ||||||
15 | person under the age of 16 a mandatory fine of $25,000 and | ||||||
16 | 25 days of community service in a program benefiting | ||||||
17 | children shall be imposed in addition to any other criminal | ||||||
18 | or administrative sanction. | ||||||
19 | (D) A fifth violation of this Section or a similar | ||||||
20 | provision is a Class 1 felony, for which a sentence of | ||||||
21 | probation or conditional discharge may not be imposed. If | ||||||
22 | at the time of the violation, the alcohol concentration in | ||||||
23 | the defendant's blood, breath, or urine was 0.16 or more | ||||||
24 | based on the definition of blood, breath, or urine units in | ||||||
25 | Section 11-501.2 of the Illinois Vehicle Code, a mandatory | ||||||
26 | minimum fine of $5,000 shall be imposed in addition to any |
| |||||||
| |||||||
1 | other criminal or administrative sanction. If at the time | ||||||
2 | of the fifth violation, the defendant was transporting a | ||||||
3 | person under the age of 16, a mandatory fine of $25,000, | ||||||
4 | and 25 days of community service in a program benefiting | ||||||
5 | children shall be imposed in addition to any other criminal | ||||||
6 | or administrative sanction. | ||||||
7 | (E) A sixth or subsequent violation of this Section or | ||||||
8 | similar provision is a Class X felony. If at the time of | ||||||
9 | the violation, the alcohol concentration in the | ||||||
10 | defendant's blood, breath, or urine was 0.16 or more based | ||||||
11 | on the definition of blood, breath, or urine units in | ||||||
12 | Section 11-501.2 of the Illinois Vehicle Code, a mandatory | ||||||
13 | minimum fine of $5,000 shall be imposed in addition to any | ||||||
14 | other criminal or administrative sanction. If at the time | ||||||
15 | of the violation, the defendant was transporting a person | ||||||
16 | under the age of 16, a mandatory fine of $25,000 and 25 | ||||||
17 | days of community service in a program benefiting children | ||||||
18 | shall be imposed in addition to any other criminal or | ||||||
19 | administrative sanction. | ||||||
20 | (F) For a violation of subparagraph (C) of paragraph | ||||||
21 | (1) of this subsection (d), the defendant, if sentenced to | ||||||
22 | a term of imprisonment, shall be sentenced to not less than | ||||||
23 | one year nor more than 12 years. | ||||||
24 | (G) A violation of subparagraph (F) of paragraph (1) of | ||||||
25 | this subsection (d) is a Class 2 felony, for which the | ||||||
26 | defendant, unless the court determines that extraordinary |
| |||||||
| |||||||
1 | circumstances exist and require probation, shall be | ||||||
2 | sentenced to: (i) a term of imprisonment of not less than 3 | ||||||
3 | years and not more than 14 years if the violation resulted | ||||||
4 | in the death of one person; or (ii) a term of imprisonment | ||||||
5 | of not less than 6 years and not more than 28 years if the | ||||||
6 | violation resulted in the deaths of 2 or more persons. | ||||||
7 | (H) For a violation of subparagraph (J) of paragraph | ||||||
8 | (1) of this subsection (d), a mandatory fine of $2,500, and | ||||||
9 | 25 days of community service in a program benefiting | ||||||
10 | children shall be imposed in addition to any other criminal | ||||||
11 | or administrative sanction. | ||||||
12 | (I) A violation of subparagraph (K) of paragraph (1) of | ||||||
13 | this subsection (d), is a Class 2 felony and a mandatory | ||||||
14 | fine of $2,500, and 25 days of community service in a | ||||||
15 | program benefiting children shall be imposed in addition to | ||||||
16 | any other criminal or administrative sanction. If the child | ||||||
17 | being transported suffered bodily harm, but not great | ||||||
18 | bodily harm, in a motor vehicle accident, and the violation | ||||||
19 | was the proximate cause of that injury, a mandatory fine of | ||||||
20 | $5,000 and 25 days of community service in a program | ||||||
21 | benefiting children shall be imposed in addition to any | ||||||
22 | other criminal or administrative sanction. | ||||||
23 | (3) Any person sentenced under this subsection (d) who | ||||||
24 | receives a term of probation or conditional discharge must | ||||||
25 | serve a minimum term of either 480 hours of community | ||||||
26 | service or 10 days of imprisonment as a condition of the |
| |||||||
| |||||||
1 | probation or conditional discharge in addition to any other | ||||||
2 | criminal or administrative sanction. | ||||||
3 | (e) Any reference to a prior violation of subsection (a) or | ||||||
4 | a similar provision includes any violation of a provision of a | ||||||
5 | local ordinance or a provision of a law of another state or an | ||||||
6 | offense committed on a military installation that is similar to | ||||||
7 | a violation of subsection (a) of this Section. | ||||||
8 | (f) The imposition of a mandatory term of imprisonment or | ||||||
9 | assignment of community service for a violation of this Section | ||||||
10 | shall not be suspended or reduced by the court. | ||||||
11 | (g) Any penalty imposed for operation of a watercraft when | ||||||
12 | watercraft operation
privileges have been revoked for a | ||||||
13 | previous violation of subsection (a) of this Section shall be | ||||||
14 | in addition to the penalty imposed for any subsequent violation | ||||||
15 | of subsection (a). | ||||||
16 | (h) For any prosecution under this Section, a certified | ||||||
17 | copy of the watercraft operating record or abstract of the | ||||||
18 | defendant shall be admitted as proof of any prior conviction.
| ||||||
19 | 3. Every person convicted of violating this Section | ||||||
20 | shall be guilty of a
Class A misdemeanor, except as | ||||||
21 | otherwise provided in this Section.
| ||||||
22 | 4. Every person convicted of violating this Section | ||||||
23 | shall be guilty of a
Class 4 felony if:
| ||||||
24 | (a) He has a previous conviction under this | ||||||
25 | Section;
| ||||||
26 | (b) The offense results in personal injury where a |
| |||||||
| |||||||
1 | person other than the
operator suffers great bodily | ||||||
2 | harm or permanent disability or disfigurement,
when | ||||||
3 | the violation was a proximate cause of the injuries. A | ||||||
4 | person guilty of a
Class 4 felony under this | ||||||
5 | subparagraph (b), if sentenced
to a term of | ||||||
6 | imprisonment, shall be sentenced to a term of not less | ||||||
7 | than
one year nor more than 12 years; or
| ||||||
8 | (c) The offense occurred during a period in which | ||||||
9 | his or her
privileges
to
operate
a watercraft are | ||||||
10 | revoked or suspended, and the revocation or suspension | ||||||
11 | was for
a
violation of this Section or was imposed | ||||||
12 | under subsection (B).
| ||||||
13 | 5. Every person convicted of violating this Section | ||||||
14 | shall be
guilty of a Class 2 felony if the offense results | ||||||
15 | in the death of a
person.
A person guilty of a Class 2 | ||||||
16 | felony under this paragraph 5, if sentenced to a
term of | ||||||
17 | imprisonment, shall be sentenced to a term of not less than | ||||||
18 | 3 years
and not more than 14 years.
| ||||||
19 | 5.1. A person convicted of violating this Section or a | ||||||
20 | similar
provision
of a
local
ordinance who had a child | ||||||
21 | under the age of 16 aboard the watercraft at the
time of | ||||||
22 | offense is
subject to a mandatory minimum fine of $500 and | ||||||
23 | to a mandatory minimum of 5
days of
community service in a | ||||||
24 | program benefiting children. The assignment under this
| ||||||
25 | paragraph 5.1 is
not subject to suspension and the person | ||||||
26 | is not eligible for probation in order
to reduce the
|
| |||||||
| |||||||
1 | assignment.
| ||||||
2 | (i) 5.2. A person found guilty of violating this | ||||||
3 | Section, if his or her
operation
of a watercraft
while in | ||||||
4 | violation of this Section proximately caused any incident | ||||||
5 | resulting in
an appropriate
emergency response, is liable | ||||||
6 | for the expense of an emergency response as
provided in | ||||||
7 | subsection (i) (m) of Section 11-501.01 11-501 of the | ||||||
8 | Illinois Vehicle Code.
| ||||||
9 | (j) 5.3. In addition to any other penalties and | ||||||
10 | liabilities, a person who is
found
guilty of
violating this | ||||||
11 | Section, including any person placed on court supervision,
| ||||||
12 | shall be fined $100,
payable to the circuit clerk, who shall | ||||||
13 | distribute the money to the law
enforcement agency that
made | ||||||
14 | the arrest. In the event that more than one agency is | ||||||
15 | responsible for the
arrest, the $100
shall be shared equally. | ||||||
16 | Any moneys received by a law enforcement agency under
this
| ||||||
17 | paragraph 5.3 shall be used to purchase law enforcement | ||||||
18 | equipment or to provide
law
enforcement training that will | ||||||
19 | assist in the prevention of alcohol related
criminal violence
| ||||||
20 | throughout the State. Law enforcement equipment shall include, | ||||||
21 | but is not
limited to, in-car
video cameras, radar and laser | ||||||
22 | speed detection devices, and alcohol breath
testers.
| ||||||
23 | (k) 6. (a) In addition to any criminal penalties imposed, | ||||||
24 | the Department of
Natural Resources shall suspend the | ||||||
25 | watercraft operation privileges of any
person
convicted or | ||||||
26 | found guilty of a misdemeanor under this Section, a similar |
| |||||||
| |||||||
1 | provision of a local ordinance, or Title 46 of the U.S. Code of | ||||||
2 | Federal Regulations for a period
of one year, except that a | ||||||
3 | first time offender is exempt from this mandatory
one year | ||||||
4 | suspension.
| ||||||
5 | As used in this subdivision (A)6(a) , "first time offender" | ||||||
6 | means any person who has not had a previous conviction or been | ||||||
7 | assigned supervision for violating this Section, a similar | ||||||
8 | provision of a local ordinance or, Title 46 of the U.S. Code of | ||||||
9 | Federal Regulations, or any person who has not had a suspension | ||||||
10 | imposed under subdivision (m) (B) 3.1 of Section 5-16.
| ||||||
11 | (l) (b) In addition to any criminal penalties imposed, the | ||||||
12 | Department of
Natural Resources shall suspend the watercraft | ||||||
13 | operation privileges of any
person
convicted of a felony under | ||||||
14 | this Section, a similar provision of a local ordinance, or | ||||||
15 | Title 46 of the U.S. Code of Federal Regulations for a period | ||||||
16 | of 3 years.
| ||||||
17 | (m) (B) 1. Any person who operates or is in actual physical | ||||||
18 | control of any
watercraft upon the waters of this
State | ||||||
19 | shall be deemed to have given consent to a chemical test or | ||||||
20 | tests of
blood, breath or urine for the purpose of | ||||||
21 | determining the content of
alcohol, other
drug or drugs, | ||||||
22 | intoxicating compound or compounds, or combination thereof
| ||||||
23 | in the person's blood if arrested for
any offense of | ||||||
24 | subsection (a) (A) above . The chemical test or tests shall | ||||||
25 | be
administered at
the direction of the arresting officer.
| ||||||
26 | The law enforcement agency employing the
officer shall |
| |||||||
| |||||||
1 | designate which of the tests shall be administered. A
urine | ||||||
2 | test may be
administered even after a blood or breath test | ||||||
3 | or both has been administered.
| ||||||
4 | 1.1. For the purposes of this Section, an Illinois Law | ||||||
5 | Enforcement
officer of
this
State who is investigating the | ||||||
6 | person for any offense defined in Section 5-16
may travel
| ||||||
7 | into an adjoining state, where the person has been | ||||||
8 | transported for medical care
to
complete an investigation, | ||||||
9 | and may request that the person submit to the test
or
tests | ||||||
10 | set
forth in this Section. The requirements of this Section | ||||||
11 | that the person be
arrested are
inapplicable, but the | ||||||
12 | officer shall issue the person a uniform citation for an
| ||||||
13 | offense as
defined in Section 5-16 or a similar provision | ||||||
14 | of a local ordinance prior to
requesting that
the person | ||||||
15 | submit to the test or tests. The issuance of the uniform | ||||||
16 | citation
shall not
constitute an arrest, but shall be for | ||||||
17 | the purpose of notifying the person that
he or she is
| ||||||
18 | subject to the provisions of this Section and of the | ||||||
19 | officer's belief in the
existence of
probable cause to | ||||||
20 | arrest. Upon returning to this State, the officer shall | ||||||
21 | file
the uniform
citation with the circuit clerk of the | ||||||
22 | county where the offense was committed
and shall
seek the | ||||||
23 | issuance of an arrest warrant or a summons for the person.
| ||||||
24 | 1.2. Notwithstanding any ability to refuse under this | ||||||
25 | Act to submit to
these
tests
or any ability to revoke the | ||||||
26 | implied consent to these tests, if a law
enforcement |
| |||||||
| |||||||
1 | officer
has probable cause to believe that a watercraft | ||||||
2 | operated by or under actual
physical
control of a person | ||||||
3 | under the influence of alcohol, other drug or drugs,
| ||||||
4 | intoxicating
compound or compounds, or any combination of | ||||||
5 | them has caused the death of or
personal
injury to another, | ||||||
6 | that person shall submit, upon the request of a law
| ||||||
7 | enforcement officer,
to a chemical test or tests of his or | ||||||
8 | her blood, breath, or urine for the
purpose of
determining | ||||||
9 | the alcohol content or the presence of any other drug, | ||||||
10 | intoxicating
compound, or
combination
of them. For the | ||||||
11 | purposes of this Section, a personal injury includes severe
| ||||||
12 | bleeding
wounds, distorted extremities, and injuries that | ||||||
13 | require the injured party to
be carried
from the scene for | ||||||
14 | immediate professional attention in either a doctor's | ||||||
15 | office
or a
medical facility.
| ||||||
16 | 2. Any person who is dead, unconscious or who is | ||||||
17 | otherwise in a condition
rendering such person incapable of | ||||||
18 | refusal, shall be deemed not to have
withdrawn the consent | ||||||
19 | provided above, and the test may be administered.
| ||||||
20 | 3. A person requested to submit to a chemical test as | ||||||
21 | provided above
shall be
verbally advised by the law | ||||||
22 | enforcement officer requesting the test that a
refusal to | ||||||
23 | submit to the test will result in suspension of such | ||||||
24 | person's
privilege to operate a watercraft or snowmobile | ||||||
25 | for a minimum of 2 years , and the statutory summary | ||||||
26 | suspension of the person's privilege to operate a motor |
| |||||||
| |||||||
1 | vehicle, as provided in Section 6-208.1 of the Illinois | ||||||
2 | Vehicle Code, and will also result in the disqualification | ||||||
3 | of the person's privilege to operate a commercial motor | ||||||
4 | vehicle, as provided in Section 6-514 of the Illinois | ||||||
5 | Vehicle Code, if the person is a CDL holder. The person | ||||||
6 | shall also be warned by the law enforcement officer that if | ||||||
7 | the person submits to the test or tests provided in | ||||||
8 | paragraph 1 of this subsection and the alcohol | ||||||
9 | concentration in the person's blood or breath is 0.08 or | ||||||
10 | greater, or any amount of a drug, substance, or compound | ||||||
11 | resulting from the unlawful use or consumption of cannabis | ||||||
12 | as covered by the Cannabis Control Act, a controlled | ||||||
13 | substance listed in the Illinois Controlled Substances | ||||||
14 | Act, an intoxicating compound listed in the Use of | ||||||
15 | Intoxicating Compounds Act, or methamphetamine as listed | ||||||
16 | in the Methamphetamine Control and Community Protection | ||||||
17 | Act is detected in the person's blood or urine, a statutory | ||||||
18 | summary suspension of the person's privilege to operate a | ||||||
19 | motor vehicle, as provided in Sections 6-208.1 and 11-501.1 | ||||||
20 | of the Illinois Vehicle Code, and a disqualification of the | ||||||
21 | person's privilege to operate a commercial motor vehicle, | ||||||
22 | as provided in Section 6-514 of the Illinois Vehicle Code, | ||||||
23 | if the person is a CDL holder, will be imposed . | ||||||
24 | A person who is under the age of 21 at the time the | ||||||
25 | person is requested to submit to a test as provided above | ||||||
26 | shall, in addition to the warnings provided for in this |
| |||||||
| |||||||
1 | Section, be further warned by the law enforcement officer | ||||||
2 | requesting the test that if the person submits to the test | ||||||
3 | or tests provided in paragraph (a) of this Section and the | ||||||
4 | alcohol concentration in the person's blood or breath is | ||||||
5 | greater than 0.00 and less than 0.08, a suspension of the | ||||||
6 | person's privilege to operate a motor vehicle, as provided | ||||||
7 | under Sections 6-208.2 and 11-501.8 of the Illinois Vehicle | ||||||
8 | Code, will be imposed. The results of this test shall be | ||||||
9 | admissible in a civil or criminal action or proceeding | ||||||
10 | arising from an arrest for an offense as defined in Section | ||||||
11 | 5-16 of this Act or a similar provision of a local | ||||||
12 | ordinance or pursuant to Section 11-501.4 of the Illinois | ||||||
13 | Vehicle Code in prosecutions for reckless homicide brought | ||||||
14 | under the Criminal Code of 1961. These test results, | ||||||
15 | however, shall be admissible only in actions or proceedings | ||||||
16 | directly related to the incident upon which the test | ||||||
17 | request was made. | ||||||
18 | Following this
warning, if a person
under arrest | ||||||
19 | refuses upon the request of a law enforcement officer to
| ||||||
20 | submit to a test designated by the officer, no test
shall | ||||||
21 | be given, but the law enforcement officer shall file with | ||||||
22 | the clerk
of the circuit court for the county in which the | ||||||
23 | arrest was made, and with
the Department of Natural | ||||||
24 | Resources, a sworn
statement naming the person refusing to | ||||||
25 | take and complete the chemical test
or tests
requested | ||||||
26 | under the provisions of this Section. Such sworn statement |
| |||||||
| |||||||
1 | shall
identify the arrested person, such person's current | ||||||
2 | residence address and
shall specify that a refusal by such | ||||||
3 | person to take the chemical test or
tests was
made. Such | ||||||
4 | sworn statement shall include a statement that the | ||||||
5 | arresting
officer had reasonable cause to believe the | ||||||
6 | person was operating or was in
actual physical control of | ||||||
7 | the
watercraft within this State while under the influence | ||||||
8 | of alcohol, other
drug or drugs, intoxicating compound or | ||||||
9 | compounds, or combination thereof
and that such
chemical | ||||||
10 | test or tests were made as an
incident to and following the | ||||||
11 | lawful arrest for an offense as defined in
this Section or | ||||||
12 | a similar provision of a local ordinance, and that the
| ||||||
13 | person after being arrested for an offense arising out of | ||||||
14 | acts alleged to
have been committed while so operating a | ||||||
15 | watercraft refused to submit to
and complete a chemical | ||||||
16 | test or tests as requested by the law enforcement
officer.
| ||||||
17 | 3.1. The law enforcement officer submitting the sworn | ||||||
18 | statement as
provided in
paragraph 3 of this subsection (m) | ||||||
19 | (B) shall serve immediate written notice upon
the
person | ||||||
20 | refusing the chemical test or tests that the person's | ||||||
21 | privilege to
operate a
watercraft or snowmobile within this | ||||||
22 | State will be suspended for a period of 2 years , a | ||||||
23 | statutory summary suspension of the person's privilege to | ||||||
24 | operate a motor vehicle, as provided in Sections 6-208.1 | ||||||
25 | and 6-208.2 of the Illinois Vehicle Code will be imposed, | ||||||
26 | and a disqualification of the person's privilege to operate |
| |||||||
| |||||||
1 | a commercial motor vehicle, as provided in Section 6-514 of | ||||||
2 | the Illinois Vehicle Code, if the person is a CDL holder, | ||||||
3 | will be imposed unless,
within 28 days from the date of the | ||||||
4 | notice, the person requests in writing a
hearing
on the | ||||||
5 | suspension.
| ||||||
6 | If the person desires a hearing, such person
shall file | ||||||
7 | a complaint in the circuit court for and in the county in | ||||||
8 | which
such person was arrested for such hearing. Such | ||||||
9 | hearing shall proceed in
the court in the same manner as | ||||||
10 | other civil proceedings, shall cover only
the issues of | ||||||
11 | whether the person was placed under arrest for an offense | ||||||
12 | as
defined in this Section or a similar provision of a | ||||||
13 | local ordinance as
evidenced by the issuance of a uniform | ||||||
14 | citation; whether the arresting
officer had reasonable | ||||||
15 | grounds to believe that such person was operating a
| ||||||
16 | watercraft while under the influence of alcohol, other drug | ||||||
17 | or drugs,
intoxicating compound or compounds, or | ||||||
18 | combination
thereof; and whether such person refused to | ||||||
19 | submit and complete the
chemical test or
tests upon the | ||||||
20 | request of the law enforcement officer. Whether the person
| ||||||
21 | was informed that such person's privilege to operate a | ||||||
22 | watercraft would be
suspended if such person refused to | ||||||
23 | submit to the chemical test or tests
shall not be an
issue.
| ||||||
24 | If the person fails to request in writing a hearing | ||||||
25 | within 28 days from
the date of notice, or if a hearing is | ||||||
26 | held and the court finds against the
person on the issues |
| |||||||
| |||||||
1 | before the court, the
clerk shall immediately notify the | ||||||
2 | Department of Natural Resources, and the Department shall | ||||||
3 | suspend the watercraft operation
privileges of the person | ||||||
4 | for at least 2 years.
| ||||||
5 | If the person fails to request in writing a hearing | ||||||
6 | within 28 days from
the date of notice, or if a hearing is | ||||||
7 | held and the court finds against the
person on the issues | ||||||
8 | before the court, the
clerk shall immediately notify the | ||||||
9 | Secretary of State, and the Secretary of State shall impose | ||||||
10 | a statutory summary suspension of the person's privilege to | ||||||
11 | operate a motor vehicle, as provided in Sections 6-208.1 | ||||||
12 | and 6-208.2 of the Illinois Vehicle Code, and a | ||||||
13 | disqualification of the person's privilege to operate a | ||||||
14 | commercial motor vehicle, as provided in Section 6-514 of | ||||||
15 | the Illinois Vehicle Code, if the person is a CDL holder.
| ||||||
16 | 3.2. If the person submits to a test that discloses an | ||||||
17 | alcohol
concentration
of 0.08
or more, or any amount of a | ||||||
18 | drug, substance or intoxicating compound in the
person's
| ||||||
19 | breath, blood, or urine resulting from the unlawful use of | ||||||
20 | cannabis listed in
the Cannabis
Control Act, a controlled | ||||||
21 | substance listed in the Illinois Controlled
Substances | ||||||
22 | Act, or an
intoxicating compound listed in the Use of | ||||||
23 | Intoxicating Compounds Act, the law
enforcement officer | ||||||
24 | shall immediately submit a sworn report to the circuit
| ||||||
25 | clerk of venue
and the Department of Natural Resources, | ||||||
26 | certifying that the test or tests were
requested
under |
| |||||||
| |||||||
1 | paragraph 1 of this subsection (m) (B) and the person | ||||||
2 | submitted to testing
that
disclosed an alcohol | ||||||
3 | concentration of 0.08 or more.
| ||||||
4 | In cases where the blood alcohol concentration of 0.08 | ||||||
5 | or greater or any
amount of
drug, substance or compound | ||||||
6 | resulting from the unlawful use of cannabis, a
controlled
| ||||||
7 | substance or an intoxicating compound is established by a | ||||||
8 | subsequent analysis
of blood
or urine collected at the time | ||||||
9 | of arrest, the arresting officer or arresting
agency shall
| ||||||
10 | immediately submit a sworn report to the circuit clerk of | ||||||
11 | venue and the
Department of
Natural Resources upon receipt | ||||||
12 | of the test results.
| ||||||
13 | 4. A person must submit to each chemical test offered | ||||||
14 | by the law
enforcement
officer
in order to comply with the | ||||||
15 | implied consent provisions of this Section.
| ||||||
16 | 5. The provisions of Section 11-501.2 of the Illinois | ||||||
17 | Vehicle Code, as
amended, concerning the certification and | ||||||
18 | use of chemical tests apply to the
use of such tests under | ||||||
19 | this Section.
| ||||||
20 | (n) (C) Upon the trial of any civil or criminal action or | ||||||
21 | proceeding arising out
of acts alleged to have been committed | ||||||
22 | by any person while operating a
watercraft while under the | ||||||
23 | influence of alcohol, the concentration of alcohol
in the | ||||||
24 | person's blood or breath at the time alleged as shown by | ||||||
25 | analysis of a
person's blood, urine, breath, or other bodily | ||||||
26 | substance shall give rise to the
presumptions specified in |
| |||||||
| |||||||
1 | subdivisions 1, 2, and 3 of
subsection (b) of Section 11-501.2 | ||||||
2 | of the Illinois Vehicle Code. The foregoing
provisions of this | ||||||
3 | subsection (C) shall not be
construed
as limiting the | ||||||
4 | introduction of any other relevant evidence bearing upon the
| ||||||
5 | question whether the person was under the influence of alcohol.
| ||||||
6 | (o) (D) If a person under arrest refuses to submit to a | ||||||
7 | chemical test under
the provisions of this Section, evidence of | ||||||
8 | refusal shall be admissible in
any civil or criminal action or | ||||||
9 | proceeding arising out of acts alleged to
have been committed | ||||||
10 | while the person under the influence of alcohol,
other drug or | ||||||
11 | drugs, intoxicating compound or compounds, or combination
of | ||||||
12 | them was operating a watercraft.
| ||||||
13 | (p) (E) The owner of any watercraft or any person given | ||||||
14 | supervisory
authority over a watercraft, may not knowingly | ||||||
15 | permit a watercraft to be
operated by any person under the | ||||||
16 | influence of alcohol, other drug or drugs,
intoxicating | ||||||
17 | compound or compounds, or
combination thereof.
| ||||||
18 | (q) (F) Whenever any person is convicted or found guilty of | ||||||
19 | a violation of
this
Section, including any person placed on | ||||||
20 | court supervision, the court shall
notify the Office of Law | ||||||
21 | Enforcement of the
Department of Natural Resources, to provide | ||||||
22 | the Department with the records
essential for the performance | ||||||
23 | of the Department's duties to monitor and enforce
any order of | ||||||
24 | suspension or revocation concerning the privilege to operate a
| ||||||
25 | watercraft.
| ||||||
26 | (r) (G) No person who has been arrested and charged for |
| |||||||
| |||||||
1 | violating paragraph 1 of
subsection (a) (A) of this Section | ||||||
2 | shall operate any watercraft within this State
for a period of | ||||||
3 | 24 hours after such arrest.
| ||||||
4 | (Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07.)
| ||||||
5 | (625 ILCS 45/5-16c new)
| ||||||
6 | Sec. 5-16c. Additional administrative sanctions. | ||||||
7 | (a) After a finding of guilt and prior to any final | ||||||
8 | sentencing or an order for supervision, for an offense based | ||||||
9 | upon an arrest for a violation of Section 5-16 or a similar | ||||||
10 | provision of a local ordinance, individuals shall be required | ||||||
11 | to undergo a professional evaluation to determine if an | ||||||
12 | alcohol, drug, or intoxicating compound abuse problem exists | ||||||
13 | and the extent of the problem, and undergo the imposition of | ||||||
14 | treatment as appropriate. Programs conducting these | ||||||
15 | evaluations shall be licensed by the Department of Human | ||||||
16 | Services. The cost of any professional evaluation shall be paid | ||||||
17 | for by the individual required to undergo the professional | ||||||
18 | evaluation. | ||||||
19 | (b) Any person who is found guilty of or pleads guilty to | ||||||
20 | violating Section 5-16, including any person receiving a | ||||||
21 | disposition of court supervision for violating that Section, | ||||||
22 | may be required by the Court to attend a victim impact panel | ||||||
23 | offered by, or under contract with, a county State's Attorney's | ||||||
24 | office, a probation and court services department, Mothers | ||||||
25 | Against Drunk Driving, or the Alliance Against Intoxicated |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | Motorists. All costs generated by the victim impact panel shall | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | be paid from fees collected from the offender or as may be | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | determined by the court.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | becoming law.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||