Full Text of SB1477 98th General Assembly
SB1477sam001 98TH GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 3/12/2013
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| 1 | | AMENDMENT TO SENATE BILL 1477
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1477 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 6-208.1 as follows: | 6 | | (625 ILCS 5/6-208.1) (from Ch. 95 1/2, par. 6-208.1) | 7 | | (Text of Section from P.A. 96-1526) | 8 | | Sec. 6-208.1. Period of statutory summary alcohol, other | 9 | | drug,
or intoxicating compound related suspension. | 10 | | (a) Unless the statutory summary suspension has been | 11 | | rescinded, any
person whose privilege to drive a motor vehicle | 12 | | on the public highways has
been summarily suspended, pursuant | 13 | | to Section 11-501.1, shall not be
eligible for restoration of | 14 | | the privilege until the expiration of: | 15 | | 1. Twelve months from the effective date of the | 16 | | statutory summary suspension
for a refusal or failure to |
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| 1 | | complete a test or tests to determine the
alcohol, drug, or | 2 | | intoxicating compound concentration, pursuant
to
Section | 3 | | 11-501.1; or | 4 | | 2. Six months from the effective date of the statutory | 5 | | summary
suspension imposed following the person's | 6 | | submission to a chemical test
which disclosed an alcohol | 7 | | concentration of 0.08 or more, or any
amount
of a
drug, | 8 | | substance, or intoxicating compound in such person's
| 9 | | breath, blood, or
urine resulting
from the unlawful use or | 10 | | consumption of cannabis listed in the Cannabis
Control Act, | 11 | | a controlled substance listed in the Illinois
Controlled
| 12 | | Substances Act, an intoxicating compound listed in the Use | 13 | | of Intoxicating
Compounds Act, or methamphetamine as | 14 | | listed in the Methamphetamine Control and Community | 15 | | Protection Act, pursuant to Section 11-501.1; or | 16 | | 3. Three years from the effective date of the statutory | 17 | | summary suspension
for any person other than a first | 18 | | offender who refuses or fails to
complete a test or tests | 19 | | to determine the alcohol, drug, or
intoxicating
compound | 20 | | concentration
pursuant to Section 11-501.1; or | 21 | | 4. One year from the effective date of the summary | 22 | | suspension imposed
for any person other than a first | 23 | | offender following submission to a
chemical test which | 24 | | disclosed an alcohol concentration of 0.08 or
more
pursuant | 25 | | to Section 11-501.1 or any amount of a drug, substance or
| 26 | | compound in such person's blood or urine resulting from the |
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| 1 | | unlawful use or
consumption of cannabis listed in the | 2 | | Cannabis Control Act, a
controlled
substance listed in the | 3 | | Illinois Controlled Substances Act, an
intoxicating
| 4 | | compound listed in the Use of Intoxicating Compounds Act, | 5 | | or methamphetamine as listed in the Methamphetamine | 6 | | Control and Community Protection Act. | 7 | | (b) Following a statutory summary suspension of the | 8 | | privilege to drive a
motor vehicle under Section 11-501.1, | 9 | | driving privileges shall be
restored unless the person is | 10 | | otherwise suspended, revoked, or cancelled by this Code. If
the | 11 | | court has reason to believe that the person's
driving privilege | 12 | | should not be restored, the court shall notify
the Secretary of | 13 | | State prior to the expiration of the statutory summary
| 14 | | suspension so appropriate action may be taken pursuant to this | 15 | | Code. | 16 | | (c) Driving privileges may not be restored until all | 17 | | applicable
reinstatement fees, as provided by this Code, have | 18 | | been paid to the Secretary
of State and the appropriate entry | 19 | | made to the driver's record. | 20 | | (d) Where a driving privilege has been summarily suspended | 21 | | under Section
11-501.1 and the person is subsequently convicted | 22 | | of violating Section
11-501, or a similar provision of a local | 23 | | ordinance, for the same incident,
any period served on | 24 | | statutory summary suspension shall be credited toward
the | 25 | | minimum period of revocation of driving privileges imposed | 26 | | pursuant to
Section 6-205. |
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| 1 | | (e) (Blank). | 2 | | (f) (Blank). | 3 | | (g) Following a statutory summary suspension of driving | 4 | | privileges
pursuant to Section 11-501.1 where the person was | 5 | | not a first offender, as
defined in Section 11-500, the | 6 | | Secretary of State may not issue a
restricted driving permit. | 7 | | (h) (Blank). | 8 | | (i) Unless the statutory summary suspension has been | 9 | | rescinded, any
person whose privilege to drive a motor vehicle | 10 | | on the public highways has
been summarily suspended, pursuant | 11 | | to Section 5-16 of the Boat Registration and Safety Act, shall | 12 | | not be
eligible for restoration of the privilege until the | 13 | | expiration of 3 months from the effective date of the statutory | 14 | | summary suspension imposed following a person's conviction for | 15 | | violating Section 5-16 of the Boat Registration and Safety Act. | 16 | | (Source: P.A. 95-355, eff. 1-1-08; 95-400, eff. 1-1-09; 95-876, | 17 | | eff. 8-21-08; 96-1526, eff. 2-14-11 .) | 18 | | (Text of Section from P.A. 96-1344 and 97-229) | 19 | | Sec. 6-208.1. Period of statutory summary alcohol, other | 20 | | drug,
or intoxicating compound related suspension or | 21 | | revocation. | 22 | | (a) Unless the statutory summary suspension has been | 23 | | rescinded, any
person whose privilege to drive a motor vehicle | 24 | | on the public highways has
been summarily suspended, pursuant | 25 | | to Section 11-501.1, shall not be
eligible for restoration of |
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| 1 | | the privilege until the expiration of: | 2 | | 1. Twelve months from the effective date of the | 3 | | statutory summary suspension
for a refusal or failure to | 4 | | complete a test or tests to determine the
alcohol, drug, or | 5 | | intoxicating compound concentration, pursuant
to
Section | 6 | | 11-501.1, if the person was not involved in a motor vehicle | 7 | | crash that caused personal injury or death to another; or | 8 | | 2. Six months from the effective date of the statutory | 9 | | summary
suspension imposed following the person's | 10 | | submission to a chemical test
which disclosed an alcohol | 11 | | concentration of 0.08 or more, or any
amount
of a
drug, | 12 | | substance, or intoxicating compound in such person's
| 13 | | breath, blood, or
urine resulting
from the unlawful use or | 14 | | consumption of cannabis listed in the Cannabis
Control Act, | 15 | | a controlled substance listed in the Illinois
Controlled
| 16 | | Substances Act, an intoxicating compound listed in the Use | 17 | | of Intoxicating
Compounds Act, or methamphetamine as | 18 | | listed in the Methamphetamine Control and Community | 19 | | Protection Act, pursuant to Section 11-501.1; or | 20 | | 3. Three years from the effective date of the statutory | 21 | | summary suspension
for any person other than a first | 22 | | offender who refuses or fails to
complete a test or tests | 23 | | to determine the alcohol, drug, or
intoxicating
compound | 24 | | concentration
pursuant to Section 11-501.1; or | 25 | | 4. One year from the effective date of the summary | 26 | | suspension imposed
for any person other than a first |
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| 1 | | offender following submission to a
chemical test which | 2 | | disclosed an alcohol concentration of 0.08 or
more
pursuant | 3 | | to Section 11-501.1 or any amount of a drug, substance or
| 4 | | compound in such person's blood or urine resulting from the | 5 | | unlawful use or
consumption of cannabis listed in the | 6 | | Cannabis Control Act, a
controlled
substance listed in the | 7 | | Illinois Controlled Substances Act, an
intoxicating
| 8 | | compound listed in the Use of Intoxicating Compounds Act, | 9 | | or methamphetamine as listed in the Methamphetamine | 10 | | Control and Community Protection Act. | 11 | | (a-1) Unless the statutory summary revocation has been | 12 | | rescinded, any person whose privilege to drive has been | 13 | | summarily revoked pursuant to Section 11-501.1 may not make | 14 | | application for a license or permit until the expiration of one | 15 | | year from the effective date of the summary revocation. | 16 | | (b) Following a statutory summary suspension of the | 17 | | privilege to drive a
motor vehicle under Section 11-501.1, | 18 | | driving privileges shall be
restored unless the person is | 19 | | otherwise suspended, revoked, or cancelled by this Code. If
the | 20 | | court has reason to believe that the person's
driving privilege | 21 | | should not be restored, the court shall notify
the Secretary of | 22 | | State prior to the expiration of the statutory summary
| 23 | | suspension so appropriate action may be taken pursuant to this | 24 | | Code. | 25 | | (c) Driving privileges may not be restored until all | 26 | | applicable
reinstatement fees, as provided by this Code, have |
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| 1 | | been paid to the Secretary
of State and the appropriate entry | 2 | | made to the driver's record. | 3 | | (d) Where a driving privilege has been summarily suspended | 4 | | or revoked under Section
11-501.1 and the person is | 5 | | subsequently convicted of violating Section
11-501, or a | 6 | | similar provision of a local ordinance, for the same incident,
| 7 | | any period served on statutory summary suspension or revocation | 8 | | shall be credited toward
the minimum period of revocation of | 9 | | driving privileges imposed pursuant to
Section 6-205. | 10 | | (e) Following a statutory summary suspension of driving | 11 | | privileges
pursuant to Section 11-501.1, for a first offender, | 12 | | the circuit court shall, unless the offender has opted in | 13 | | writing not to have a monitoring device driving permit issued, | 14 | | order the Secretary of State to issue a monitoring device | 15 | | driving permit as provided in Section 6-206.1. A monitoring | 16 | | device driving permit shall not be effective prior to the 31st | 17 | | day of the statutory summary suspension. A first offender who | 18 | | refused chemical testing and whose driving privileges were | 19 | | summarily revoked pursuant to Section 11-501.1 shall not be | 20 | | eligible for a monitoring device driving permit, but may make | 21 | | application for reinstatement or for a restricted driving | 22 | | permit after a period of one year has elapsed from the | 23 | | effective date of the revocation. | 24 | | (f) (Blank). | 25 | | (g) Following a statutory summary suspension of driving | 26 | | privileges
pursuant to Section 11-501.1 where the person was |
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| 1 | | not a first offender, as
defined in Section 11-500, the | 2 | | Secretary of State may not issue a
restricted driving permit. | 3 | | (h) (Blank). | 4 | | (i) Unless the statutory summary suspension has been | 5 | | rescinded, any
person whose privilege to drive a motor vehicle | 6 | | on the public highways has
been summarily suspended, pursuant | 7 | | to Section 5-16 of the Boat Registration and Safety Act, shall | 8 | | not be
eligible for restoration of the privilege until the | 9 | | expiration of 3 months from the effective date of the statutory | 10 | | summary suspension imposed following a person's conviction for | 11 | | violating Section 5-16 of the Boat Registration and Safety Act. | 12 | | (Source: P.A. 96-1344, eff. 7-1-11; 97-229, eff. 7-28-11 .) | 13 | | Section 10. The Boat Registration and Safety Act is amended | 14 | | by changing Section 5-16 as follows:
| 15 | | (625 ILCS 45/5-16)
| 16 | | Sec. 5-16. Operating a watercraft under the influence of | 17 | | alcohol,
other drug or drugs, intoxicating compound or | 18 | | compounds, or combination
thereof.
| 19 | | (A) 1. A person shall not operate or be in actual physical | 20 | | control of
any
watercraft within this State while:
| 21 | | (a) The alcohol concentration in such person's | 22 | | blood or breath is a
concentration at which driving a | 23 | | motor vehicle is prohibited under subdivision
(1) of | 24 | | subsection (a) of
Section 11-501 of the Illinois |
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| 1 | | Vehicle Code;
| 2 | | (b) Under the influence of alcohol;
| 3 | | (c) Under the influence of any other drug or | 4 | | combination of drugs to a
degree which renders such | 5 | | person incapable of safely operating
any watercraft;
| 6 | | (c-1) Under the influence of any intoxicating | 7 | | compound or combination
of
intoxicating compounds to a | 8 | | degree that renders the person incapable of safely
| 9 | | operating
any watercraft;
| 10 | | (d) Under the combined influence of alcohol and any | 11 | | other drug or
drugs to a degree which renders such | 12 | | person incapable of safely operating
a watercraft; or
| 13 | | (e) There is any amount of a drug, substance, or | 14 | | compound in the
person's blood or urine resulting from | 15 | | the unlawful use or consumption of
cannabis listed in | 16 | | the Cannabis Control Act, a
controlled substance
| 17 | | listed in the Illinois Controlled Substances Act, or an | 18 | | intoxicating compound
listed in the Use of | 19 | | Intoxicating Compounds Act.
| 20 | | 2. The fact that any person charged with violating this | 21 | | Section is or
has been legally entitled to use alcohol, | 22 | | other drug or drugs, any
intoxicating compound or | 23 | | compounds, or any combination of
them, shall not constitute | 24 | | a defense against any charge of
violating this
Section.
| 25 | | 3. Every person convicted of violating this Section | 26 | | shall be guilty of a
Class A misdemeanor, except as |
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| 1 | | otherwise provided in this Section.
| 2 | | 4. Every person convicted of violating this Section | 3 | | shall be guilty of a
Class 4 felony if:
| 4 | | (a) He has a previous conviction under this | 5 | | Section;
| 6 | | (b) The offense results in personal injury where a | 7 | | person other than the
operator suffers great bodily | 8 | | harm or permanent disability or disfigurement,
when | 9 | | the violation was a proximate cause of the injuries. A | 10 | | person guilty of a
Class 4 felony under this | 11 | | subparagraph (b), if sentenced
to a term of | 12 | | imprisonment, shall be sentenced to a term of not less | 13 | | than
one year nor more than 12 years; or
| 14 | | (c) The offense occurred during a period in which | 15 | | his or her
privileges
to
operate
a watercraft are | 16 | | revoked or suspended, and the revocation or suspension | 17 | | was for
a
violation of this Section or was imposed | 18 | | under subsection (B).
| 19 | | 5. Every person convicted of violating this Section | 20 | | shall be
guilty of a Class 2 felony if the offense results | 21 | | in the death of a
person.
A person guilty of a Class 2 | 22 | | felony under this paragraph 5, if sentenced to a
term of | 23 | | imprisonment, shall be sentenced to a term of not less than | 24 | | 3 years
and not more than 14 years.
| 25 | | 5.1. A person convicted of violating this Section or a | 26 | | similar
provision
of a
local
ordinance who had a child |
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| 1 | | under the age of 16 aboard the watercraft at the
time of | 2 | | offense is
subject to a mandatory minimum fine of $500 and | 3 | | to a mandatory minimum of 5
days of
community service in a | 4 | | program benefiting children. The assignment under this
| 5 | | paragraph 5.1 is
not subject to suspension and the person | 6 | | is not eligible for probation in order
to reduce the
| 7 | | assignment.
| 8 | | 5.2. A person found guilty of violating this Section, | 9 | | if his or her
operation
of a watercraft
while in violation | 10 | | of this Section proximately caused any incident resulting | 11 | | in
an appropriate
emergency response, is liable for the | 12 | | expense of an emergency response as
provided in subsection | 13 | | (m) of Section 11-501 of the Illinois Vehicle Code.
| 14 | | 5.3. In addition to any other penalties and | 15 | | liabilities, a person who is
found
guilty of
violating this | 16 | | Section, including any person placed on court supervision,
| 17 | | shall be fined $100,
payable to the circuit clerk, who | 18 | | shall distribute the money to the law
enforcement agency | 19 | | that
made the arrest. In the event that more than one | 20 | | agency is responsible for the
arrest, the $100
shall be | 21 | | shared equally. Any moneys received by a law enforcement | 22 | | agency under
this
paragraph 5.3 shall be used to purchase | 23 | | law enforcement equipment or to provide
law
enforcement | 24 | | training that will assist in the prevention of alcohol | 25 | | related
criminal violence
throughout the State. Law | 26 | | enforcement equipment shall include, but is not
limited to, |
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| 1 | | in-car
video cameras, radar and laser speed detection | 2 | | devices, and alcohol breath
testers.
| 3 | | 6. (a) In addition to any criminal penalties imposed, | 4 | | the Department of
Natural Resources shall suspend the | 5 | | watercraft operation privileges of any
person
| 6 | | convicted or found guilty of a misdemeanor under this | 7 | | Section, a similar provision of a local ordinance, or | 8 | | Title 46 of the U.S. Code of Federal Regulations for a | 9 | | period
of one year, except that a first time offender | 10 | | is exempt from this mandatory
one year suspension.
| 11 | | As used in this subdivision (A)6(a), "first time | 12 | | offender" means any person who has not had a previous | 13 | | conviction or been assigned supervision for violating | 14 | | this Section, a similar provision of a local ordinance | 15 | | or, Title 46 of the U.S. Code of Federal Regulations, | 16 | | or any person who has not had a suspension imposed | 17 | | under subdivision (B)3.1 of Section 5-16.
| 18 | | (b) In addition to any criminal penalties imposed, | 19 | | the Department of
Natural Resources shall suspend the | 20 | | watercraft operation privileges of any
person
| 21 | | convicted of a felony under this Section, a similar | 22 | | provision of a local ordinance, or Title 46 of the U.S. | 23 | | Code of Federal Regulations for a period of 3 years.
| 24 | | (c) In addition to any criminal penalties imposed, | 25 | | the Secretary of State shall suspend the driver's | 26 | | license of any person convicted of a misdemeanor or |
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| 1 | | felony under this Section, a similar provision of a | 2 | | local ordinance, or Title 46 of the U.S. Code of | 3 | | Federal Regulations for a period of 3 months, except | 4 | | that a first time offender is exempt from this | 5 | | mandatory 3 month suspension. | 6 | | As used in this subdivision (A)6(c), "first time | 7 | | offender" means any person who has not had a previous | 8 | | conviction or been assigned supervision for violating | 9 | | this Section, a similar provision of a local ordinance, | 10 | | or Title 46 of the U.S. Code of Federal Regulations.
| 11 | | (B) 1. Any person who operates or is in actual physical | 12 | | control of any
watercraft upon the waters of this
State | 13 | | shall be deemed to have given consent to a chemical test or | 14 | | tests of
blood, breath or urine for the purpose of | 15 | | determining the content of
alcohol, other
drug or drugs, | 16 | | intoxicating compound or compounds, or combination thereof
| 17 | | in the person's blood if arrested for
any offense of | 18 | | subsection (A) above. The chemical test or tests shall be
| 19 | | administered at
the direction of the arresting officer.
The | 20 | | law enforcement agency employing the
officer shall | 21 | | designate which of the tests shall be administered. A
urine | 22 | | test may be
administered even after a blood or breath test | 23 | | or both has been administered.
| 24 | | 1.1. For the purposes of this Section, an Illinois Law | 25 | | Enforcement
officer of
this
State who is investigating the | 26 | | person for any offense defined in Section 5-16
may travel
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| 1 | | into an adjoining state, where the person has been | 2 | | transported for medical care
to
complete an investigation, | 3 | | and may request that the person submit to the test
or
tests | 4 | | set
forth in this Section. The requirements of this Section | 5 | | that the person be
arrested are
inapplicable, but the | 6 | | officer shall issue the person a uniform citation for an
| 7 | | offense as
defined in Section 5-16 or a similar provision | 8 | | of a local ordinance prior to
requesting that
the person | 9 | | submit to the test or tests. The issuance of the uniform | 10 | | citation
shall not
constitute an arrest, but shall be for | 11 | | the purpose of notifying the person that
he or she is
| 12 | | subject to the provisions of this Section and of the | 13 | | officer's belief in the
existence of
probable cause to | 14 | | arrest. Upon returning to this State, the officer shall | 15 | | file
the uniform
citation with the circuit clerk of the | 16 | | county where the offense was committed
and shall
seek the | 17 | | issuance of an arrest warrant or a summons for the person.
| 18 | | 1.2. Notwithstanding any ability to refuse under this | 19 | | Act to submit to
these
tests
or any ability to revoke the | 20 | | implied consent to these tests, if a law
enforcement | 21 | | officer
has probable cause to believe that a watercraft | 22 | | operated by or under actual
physical
control of a person | 23 | | under the influence of alcohol, other drug or drugs,
| 24 | | intoxicating
compound or compounds, or any combination of | 25 | | them has caused the death of or
personal
injury to another, | 26 | | that person shall submit, upon the request of a law
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| 1 | | enforcement officer,
to a chemical test or tests of his or | 2 | | her blood, breath, or urine for the
purpose of
determining | 3 | | the alcohol content or the presence of any other drug, | 4 | | intoxicating
compound, or
combination
of them. For the | 5 | | purposes of this Section, a personal injury includes severe
| 6 | | bleeding
wounds, distorted extremities, and injuries that | 7 | | require the injured party to
be carried
from the scene for | 8 | | immediate professional attention in either a doctor's | 9 | | office
or a
medical facility.
| 10 | | 2. Any person who is dead, unconscious or who is | 11 | | otherwise in a condition
rendering such person incapable of | 12 | | refusal, shall be deemed not to have
withdrawn the consent | 13 | | provided above, and the test may be administered.
| 14 | | 3. A person requested to submit to a chemical test as | 15 | | provided above
shall be
verbally advised by the law | 16 | | enforcement officer requesting the test that a
refusal to | 17 | | submit to the test will result in suspension of such | 18 | | person's
privilege to operate a watercraft for a minimum of | 19 | | 2 years. Following this
warning, if a person
under arrest | 20 | | refuses upon the request of a law enforcement officer to
| 21 | | submit to a test designated by the officer, no test
shall | 22 | | be given, but the law enforcement officer shall file with | 23 | | the clerk
of the circuit court for the county in which the | 24 | | arrest was made, and with
the Department of Natural | 25 | | Resources, a sworn
statement naming the person refusing to | 26 | | take and complete the chemical test
or tests
requested |
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| 1 | | under the provisions of this Section. Such sworn statement | 2 | | shall
identify the arrested person, such person's current | 3 | | residence address and
shall specify that a refusal by such | 4 | | person to take the chemical test or
tests was
made. Such | 5 | | sworn statement shall include a statement that the | 6 | | arresting
officer had reasonable cause to believe the | 7 | | person was operating or was in
actual physical control of | 8 | | the
watercraft within this State while under the influence | 9 | | of alcohol, other
drug or drugs, intoxicating compound or | 10 | | compounds, or combination thereof
and that such
chemical | 11 | | test or tests were made as an
incident to and following the | 12 | | lawful arrest for an offense as defined in
this Section or | 13 | | a similar provision of a local ordinance, and that the
| 14 | | person after being arrested for an offense arising out of | 15 | | acts alleged to
have been committed while so operating a | 16 | | watercraft refused to submit to
and complete a chemical | 17 | | test or tests as requested by the law enforcement
officer.
| 18 | | 3.1. The law enforcement officer submitting the sworn | 19 | | statement as
provided in
paragraph 3 of this subsection (B) | 20 | | shall serve immediate written notice upon
the
person | 21 | | refusing the chemical test or tests that the person's | 22 | | privilege to
operate a
watercraft within this State will be | 23 | | suspended for a period of 2 years unless,
within 28 days | 24 | | from the date of the notice, the person requests in writing | 25 | | a
hearing
on the suspension.
| 26 | | If the person desires a hearing, such person
shall file |
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| 1 | | a complaint in the circuit court for and in the county in | 2 | | which
such person was arrested for such hearing. Such | 3 | | hearing shall proceed in
the court in the same manner as | 4 | | other civil proceedings, shall cover only
the issues of | 5 | | whether the person was placed under arrest for an offense | 6 | | as
defined in this Section or a similar provision of a | 7 | | local ordinance as
evidenced by the issuance of a uniform | 8 | | citation; whether the arresting
officer had reasonable | 9 | | grounds to believe that such person was operating a
| 10 | | watercraft while under the influence of alcohol, other drug | 11 | | or drugs,
intoxicating compound or compounds, or | 12 | | combination
thereof; and whether such person refused to | 13 | | submit and complete the
chemical test or
tests upon the | 14 | | request of the law enforcement officer. Whether the person
| 15 | | was informed that such person's privilege to operate a | 16 | | watercraft would be
suspended if such person refused to | 17 | | submit to the chemical test or tests
shall not be an
issue.
| 18 | | If the person fails to request in writing a hearing | 19 | | within 28 days from
the date of notice, or if a hearing is | 20 | | held and the court finds against the
person on the issues | 21 | | before the court, the
clerk shall immediately notify the | 22 | | Department of Natural Resources, and the Department shall | 23 | | suspend the watercraft operation
privileges of the person | 24 | | for at least 2 years.
| 25 | | 3.2. If the person submits to a test that discloses an | 26 | | alcohol
concentration
of 0.08
or more, or any amount of a |
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| 1 | | drug, substance or intoxicating compound in the
person's
| 2 | | breath, blood, or urine resulting from the unlawful use of | 3 | | cannabis listed in
the Cannabis
Control Act, a controlled | 4 | | substance listed in the Illinois Controlled
Substances | 5 | | Act, or an
intoxicating compound listed in the Use of | 6 | | Intoxicating Compounds Act, the law
enforcement officer | 7 | | shall immediately submit a sworn report to the circuit
| 8 | | clerk of venue
and the Department of Natural Resources, | 9 | | certifying that the test or tests were
requested
under | 10 | | paragraph 1 of this subsection (B) and the person submitted | 11 | | to testing
that
disclosed an alcohol concentration of 0.08 | 12 | | or more.
| 13 | | In cases where the blood alcohol concentration of 0.08 | 14 | | or greater or any
amount of
drug, substance or compound | 15 | | resulting from the unlawful use of cannabis, a
controlled
| 16 | | substance or an intoxicating compound is established by a | 17 | | subsequent analysis
of blood
or urine collected at the time | 18 | | of arrest, the arresting officer or arresting
agency shall
| 19 | | immediately submit a sworn report to the circuit clerk of | 20 | | venue and the
Department of
Natural Resources upon receipt | 21 | | of the test results.
| 22 | | 4. A person must submit to each chemical test offered | 23 | | by the law
enforcement
officer
in order to comply with the | 24 | | implied consent provisions of this Section.
| 25 | | 5. The provisions of Section 11-501.2 of the Illinois | 26 | | Vehicle Code, as
amended, concerning the certification and |
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| 1 | | use of chemical tests apply to the
use of such tests under | 2 | | this Section.
| 3 | | (C) Upon the trial of any civil or criminal action or | 4 | | proceeding arising out
of acts alleged to have been committed | 5 | | by any person while operating a
watercraft while under the | 6 | | influence of alcohol, the concentration of alcohol
in the | 7 | | person's blood or breath at the time alleged as shown by | 8 | | analysis of a
person's blood, urine, breath, or other bodily | 9 | | substance shall give rise to the
presumptions specified in | 10 | | subdivisions 1, 2, and 3 of
subsection (b) of Section 11-501.2 | 11 | | of the Illinois Vehicle Code. The foregoing
provisions of this | 12 | | subsection (C) shall not be
construed
as limiting the | 13 | | introduction of any other relevant evidence bearing upon the
| 14 | | question whether the person was under the influence of alcohol.
| 15 | | (D) If a person under arrest refuses to submit to a | 16 | | chemical test under
the provisions of this Section, evidence of | 17 | | refusal shall be admissible in
any civil or criminal action or | 18 | | proceeding arising out of acts alleged to
have been committed | 19 | | while the person under the influence of alcohol,
other drug or | 20 | | drugs, intoxicating compound or compounds, or combination
of | 21 | | them was operating a watercraft.
| 22 | | (E) The owner of any watercraft or any person given | 23 | | supervisory
authority over a watercraft, may not knowingly | 24 | | permit a watercraft to be
operated by any person under the | 25 | | influence of alcohol, other drug or drugs,
intoxicating | 26 | | compound or compounds, or
combination thereof.
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| 1 | | (F) Whenever any person is convicted or found guilty of a | 2 | | violation of
this
Section, including any person placed on court | 3 | | supervision, the court shall
notify the Office of Law | 4 | | Enforcement of the
Department of Natural Resources, to provide | 5 | | the Department with the records
essential for the performance | 6 | | of the Department's duties to monitor and enforce
any order of | 7 | | suspension or revocation concerning the privilege to operate a
| 8 | | watercraft. | 9 | | Whenever any person is convicted or found guilty of a | 10 | | violation of this Section, including any person placed on court | 11 | | supervision, the court shall also notify the Secretary of State | 12 | | and provide the Secretary of State with the records necessary | 13 | | to monitor and enforce any order of suspension or revocation | 14 | | concerning the person's driver's license.
| 15 | | (G) No person who has been arrested and charged for | 16 | | violating paragraph 1 of
subsection (A) of this Section shall | 17 | | operate any watercraft within this State
for a period of 24 | 18 | | hours after such arrest.
| 19 | | (Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07.)".
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