Full Text of SB1477 98th General Assembly
SB1477sam002 98TH GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 4/10/2013
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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 6-206 as follows:
| 6 | | (625 ILCS 5/6-206)
| 7 | | Sec. 6-206. Discretionary authority to suspend or revoke | 8 | | license or
permit; Right to a hearing.
| 9 | | (a) The Secretary of State is authorized to suspend or | 10 | | revoke the
driving privileges of any person without preliminary | 11 | | hearing upon a showing
of the person's records or other | 12 | | sufficient evidence that
the person:
| 13 | | 1. Has committed an offense for which mandatory | 14 | | revocation of
a driver's license or permit is required upon | 15 | | conviction;
| 16 | | 2. Has been convicted of not less than 3 offenses |
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| 1 | | against traffic
regulations governing the movement of | 2 | | vehicles committed within any 12
month period. No | 3 | | revocation or suspension shall be entered more than
6 | 4 | | months after the date of last conviction;
| 5 | | 3. Has been repeatedly involved as a driver in motor | 6 | | vehicle
collisions or has been repeatedly convicted of | 7 | | offenses against laws and
ordinances regulating the | 8 | | movement of traffic, to a degree that
indicates lack of | 9 | | ability to exercise ordinary and reasonable care in
the | 10 | | safe operation of a motor vehicle or disrespect for the | 11 | | traffic laws
and the safety of other persons upon the | 12 | | highway;
| 13 | | 4. Has by the unlawful operation of a motor vehicle | 14 | | caused or
contributed to an accident resulting in injury | 15 | | requiring
immediate professional treatment in a medical | 16 | | facility or doctor's office
to any person, except that any | 17 | | suspension or revocation imposed by the
Secretary of State | 18 | | under the provisions of this subsection shall start no
| 19 | | later than 6 months after being convicted of violating a | 20 | | law or
ordinance regulating the movement of traffic, which | 21 | | violation is related
to the accident, or shall start not | 22 | | more than one year
after
the date of the accident, | 23 | | whichever date occurs later;
| 24 | | 5. Has permitted an unlawful or fraudulent use of a | 25 | | driver's
license, identification card, or permit;
| 26 | | 6. Has been lawfully convicted of an offense or |
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| 1 | | offenses in another
state, including the authorization | 2 | | contained in Section 6-203.1, which
if committed within | 3 | | this State would be grounds for suspension or revocation;
| 4 | | 7. Has refused or failed to submit to an examination | 5 | | provided for by
Section 6-207 or has failed to pass the | 6 | | examination;
| 7 | | 8. Is ineligible for a driver's license or permit under | 8 | | the provisions
of Section 6-103;
| 9 | | 9. Has made a false statement or knowingly concealed a | 10 | | material fact
or has used false information or | 11 | | identification in any application for a
license, | 12 | | identification card, or permit;
| 13 | | 10. Has possessed, displayed, or attempted to | 14 | | fraudulently use any
license, identification card, or | 15 | | permit not issued to the person;
| 16 | | 11. Has operated a motor vehicle upon a highway of this | 17 | | State when
the person's driving privilege or privilege to | 18 | | obtain a driver's license
or permit was revoked or | 19 | | suspended unless the operation was authorized by
a | 20 | | monitoring device driving permit, judicial driving permit | 21 | | issued prior to January 1, 2009, probationary license to | 22 | | drive, or a restricted
driving permit issued under this | 23 | | Code;
| 24 | | 12. Has submitted to any portion of the application | 25 | | process for
another person or has obtained the services of | 26 | | another person to submit to
any portion of the application |
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| 1 | | process for the purpose of obtaining a
license, | 2 | | identification card, or permit for some other person;
| 3 | | 13. Has operated a motor vehicle upon a highway of this | 4 | | State when
the person's driver's license or permit was | 5 | | invalid under the provisions of
Sections 6-107.1 and
6-110;
| 6 | | 14. Has committed a violation of Section 6-301, | 7 | | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | 8 | | of the Illinois Identification Card
Act;
| 9 | | 15. Has been convicted of violating Section 21-2 of the | 10 | | Criminal Code
of 1961 or the Criminal Code of 2012 relating | 11 | | to criminal trespass to vehicles in which case, the | 12 | | suspension
shall be for one year;
| 13 | | 16. Has been convicted of violating Section 11-204 of | 14 | | this Code relating
to fleeing from a peace officer;
| 15 | | 17. Has refused to submit to a test, or tests, as | 16 | | required under Section
11-501.1 of this Code and the person | 17 | | has not sought a hearing as
provided for in Section | 18 | | 11-501.1;
| 19 | | 18. Has, since issuance of a driver's license or | 20 | | permit, been adjudged
to be afflicted with or suffering | 21 | | from any mental disability or disease;
| 22 | | 19. Has committed a violation of paragraph (a) or (b) | 23 | | of Section 6-101
relating to driving without a driver's | 24 | | license;
| 25 | | 20. Has been convicted of violating Section 6-104 | 26 | | relating to
classification of driver's license;
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| 1 | | 21. Has been convicted of violating Section 11-402 of
| 2 | | this Code relating to leaving the scene of an accident | 3 | | resulting in damage
to a vehicle in excess of $1,000, in | 4 | | which case the suspension shall be
for one year;
| 5 | | 22. Has used a motor vehicle in violating paragraph | 6 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | 7 | | the Criminal Code of 1961 or the Criminal Code of 2012 | 8 | | relating
to unlawful use of weapons, in which case the | 9 | | suspension shall be for one
year;
| 10 | | 23. Has, as a driver, been convicted of committing a | 11 | | violation of
paragraph (a) of Section 11-502 of this Code | 12 | | for a second or subsequent
time within one year of a | 13 | | similar violation;
| 14 | | 24. Has been convicted by a court-martial or punished | 15 | | by non-judicial
punishment by military authorities of the | 16 | | United States at a military
installation in Illinois of or | 17 | | for a traffic related offense that is the
same as or | 18 | | similar to an offense specified under Section 6-205 or | 19 | | 6-206 of
this Code;
| 20 | | 25. Has permitted any form of identification to be used | 21 | | by another in
the application process in order to obtain or | 22 | | attempt to obtain a license,
identification card, or | 23 | | permit;
| 24 | | 26. Has altered or attempted to alter a license or has | 25 | | possessed an
altered license, identification card, or | 26 | | permit;
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| 1 | | 27. Has violated Section 6-16 of the Liquor Control Act | 2 | | of 1934;
| 3 | | 28. Has been convicted for a first time of the illegal | 4 | | possession, while operating or
in actual physical control, | 5 | | as a driver, of a motor vehicle, of any
controlled | 6 | | substance prohibited under the Illinois Controlled | 7 | | Substances
Act, any cannabis prohibited under the Cannabis | 8 | | Control
Act, or any methamphetamine prohibited under the | 9 | | Methamphetamine Control and Community Protection Act, in | 10 | | which case the person's driving privileges shall be | 11 | | suspended for
one year.
Any defendant found guilty of this | 12 | | offense while operating a motor vehicle,
shall have an | 13 | | entry made in the court record by the presiding judge that
| 14 | | this offense did occur while the defendant was operating a | 15 | | motor vehicle
and order the clerk of the court to report | 16 | | the violation to the Secretary
of State;
| 17 | | 29. Has been convicted of the following offenses that | 18 | | were committed
while the person was operating or in actual | 19 | | physical control, as a driver,
of a motor vehicle: criminal | 20 | | sexual assault,
predatory criminal sexual assault of a | 21 | | child,
aggravated criminal sexual
assault, criminal sexual | 22 | | abuse, aggravated criminal sexual abuse, juvenile
pimping, | 23 | | soliciting for a juvenile prostitute, promoting juvenile | 24 | | prostitution as described in subdivision (a)(1), (a)(2), | 25 | | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | 26 | | or the Criminal Code of 2012, and the manufacture, sale or
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| 1 | | delivery of controlled substances or instruments used for | 2 | | illegal drug use
or abuse in which case the driver's | 3 | | driving privileges shall be suspended
for one year;
| 4 | | 30. Has been convicted a second or subsequent time for | 5 | | any
combination of the offenses named in paragraph 29 of | 6 | | this subsection,
in which case the person's driving | 7 | | privileges shall be suspended for 5
years;
| 8 | | 31. Has refused to submit to a test as
required by | 9 | | Section 11-501.6 or has submitted to a test resulting in
an | 10 | | alcohol concentration of 0.08 or more or any amount of a | 11 | | drug, substance, or
compound resulting from the unlawful | 12 | | use or consumption of cannabis as listed
in the Cannabis | 13 | | Control Act, a controlled substance as listed in the | 14 | | Illinois
Controlled Substances Act, an intoxicating | 15 | | compound as listed in the Use of
Intoxicating Compounds | 16 | | Act, or methamphetamine as listed in the Methamphetamine | 17 | | Control and Community Protection Act, in which case the | 18 | | penalty shall be
as prescribed in Section 6-208.1;
| 19 | | 32. Has been convicted of Section 24-1.2 of the | 20 | | Criminal Code of
1961 or the Criminal Code of 2012 relating | 21 | | to the aggravated discharge of a firearm if the offender | 22 | | was
located in a motor vehicle at the time the firearm was | 23 | | discharged, in which
case the suspension shall be for 3 | 24 | | years;
| 25 | | 33. Has as a driver, who was less than 21 years of age | 26 | | on the date of
the offense, been convicted a first time of |
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| 1 | | a violation of paragraph (a) of
Section 11-502 of this Code | 2 | | or a similar provision of a local ordinance;
| 3 | | 34. Has committed a violation of Section 11-1301.5 of | 4 | | this Code or a similar provision of a local ordinance;
| 5 | | 35. Has committed a violation of Section 11-1301.6 of | 6 | | this Code or a similar provision of a local ordinance;
| 7 | | 36. Is under the age of 21 years at the time of arrest | 8 | | and has been
convicted of not less than 2 offenses against | 9 | | traffic regulations governing
the movement of vehicles | 10 | | committed within any 24 month period. No revocation
or | 11 | | suspension shall be entered more than 6 months after the | 12 | | date of last
conviction;
| 13 | | 37. Has committed a violation of subsection (c) of | 14 | | Section 11-907 of this
Code that resulted in damage to the | 15 | | property of another or the death or injury of another;
| 16 | | 38. Has been convicted of a violation of Section 6-20 | 17 | | of the Liquor
Control Act of 1934 or a similar provision of | 18 | | a local ordinance;
| 19 | | 39. Has committed a second or subsequent violation of | 20 | | Section
11-1201 of this Code;
| 21 | | 40. Has committed a violation of subsection (a-1) of | 22 | | Section 11-908 of
this Code; | 23 | | 41. Has committed a second or subsequent violation of | 24 | | Section 11-605.1 of this Code, a similar provision of a | 25 | | local ordinance, or a similar violation in any other state | 26 | | within 2 years of the date of the previous violation, in |
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| 1 | | which case the suspension shall be for 90 days; | 2 | | 42. Has committed a violation of subsection (a-1) of | 3 | | Section 11-1301.3 of this Code or a similar provision of a | 4 | | local ordinance;
| 5 | | 43. Has received a disposition of court supervision for | 6 | | a violation of subsection (a), (d), or (e) of Section 6-20 | 7 | | of the Liquor
Control Act of 1934 or a similar provision of | 8 | | a local ordinance, in which case the suspension shall be | 9 | | for a period of 3 months;
| 10 | | 44.
Is under the age of 21 years at the time of arrest | 11 | | and has been convicted of an offense against traffic | 12 | | regulations governing the movement of vehicles after | 13 | | having previously had his or her driving privileges
| 14 | | suspended or revoked pursuant to subparagraph 36 of this | 15 | | Section; | 16 | | 45.
Has, in connection with or during the course of a | 17 | | formal hearing conducted under Section 2-118 of this Code: | 18 | | (i) committed perjury; (ii) submitted fraudulent or | 19 | | falsified documents; (iii) submitted documents that have | 20 | | been materially altered; or (iv) submitted, as his or her | 21 | | own, documents that were in fact prepared or composed for | 22 | | another person; or | 23 | | 46. Has committed a violation of subsection (j) of | 24 | | Section 3-413 of this Code ; or . | 25 | | 47. Has been convicted of a second or subsequent | 26 | | violation of Section 5-16 of the Boat Registration and |
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| 1 | | Safety Act, a similar provision of a local ordinance, or | 2 | | Title 46 of the U.S. Code of Federal Regulations, in which | 3 | | case the suspension shall be for a period of three months. | 4 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | 5 | | and 27 of this
subsection, license means any driver's license, | 6 | | any traffic ticket issued when
the person's driver's license is | 7 | | deposited in lieu of bail, a suspension
notice issued by the | 8 | | Secretary of State, a duplicate or corrected driver's
license, | 9 | | a probationary driver's license or a temporary driver's | 10 | | license.
| 11 | | (b) If any conviction forming the basis of a suspension or
| 12 | | revocation authorized under this Section is appealed, the
| 13 | | Secretary of State may rescind or withhold the entry of the | 14 | | order of suspension
or revocation, as the case may be, provided | 15 | | that a certified copy of a stay
order of a court is filed with | 16 | | the Secretary of State. If the conviction is
affirmed on | 17 | | appeal, the date of the conviction shall relate back to the | 18 | | time
the original judgment of conviction was entered and the 6 | 19 | | month limitation
prescribed shall not apply.
| 20 | | (c) 1. Upon suspending or revoking the driver's license or | 21 | | permit of
any person as authorized in this Section, the | 22 | | Secretary of State shall
immediately notify the person in | 23 | | writing of the revocation or suspension.
The notice to be | 24 | | deposited in the United States mail, postage prepaid,
to the | 25 | | last known address of the person.
| 26 | | 2. If the Secretary of State suspends the driver's |
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| 1 | | license
of a person under subsection 2 of paragraph (a) of | 2 | | this Section, a
person's privilege to operate a vehicle as | 3 | | an occupation shall not be
suspended, provided an affidavit | 4 | | is properly completed, the appropriate fee
received, and a | 5 | | permit issued prior to the effective date of the
| 6 | | suspension, unless 5 offenses were committed, at least 2 of | 7 | | which occurred
while operating a commercial vehicle in | 8 | | connection with the driver's
regular occupation. All other | 9 | | driving privileges shall be suspended by the
Secretary of | 10 | | State. Any driver prior to operating a vehicle for
| 11 | | occupational purposes only must submit the affidavit on | 12 | | forms to be
provided by the Secretary of State setting | 13 | | forth the facts of the person's
occupation. The affidavit | 14 | | shall also state the number of offenses
committed while | 15 | | operating a vehicle in connection with the driver's regular
| 16 | | occupation. The affidavit shall be accompanied by the | 17 | | driver's license.
Upon receipt of a properly completed | 18 | | affidavit, the Secretary of State
shall issue the driver a | 19 | | permit to operate a vehicle in connection with the
driver's | 20 | | regular occupation only. Unless the permit is issued by the
| 21 | | Secretary of State prior to the date of suspension, the | 22 | | privilege to drive
any motor vehicle shall be suspended as | 23 | | set forth in the notice that was
mailed under this Section. | 24 | | If an affidavit is received subsequent to the
effective | 25 | | date of this suspension, a permit may be issued for the | 26 | | remainder
of the suspension period.
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| 1 | | The provisions of this subparagraph shall not apply to | 2 | | any driver
required to possess a CDL for the purpose of | 3 | | operating a commercial motor vehicle.
| 4 | | Any person who falsely states any fact in the affidavit | 5 | | required
herein shall be guilty of perjury under Section | 6 | | 6-302 and upon conviction
thereof shall have all driving | 7 | | privileges revoked without further rights.
| 8 | | 3. At the conclusion of a hearing under Section 2-118 | 9 | | of this Code,
the Secretary of State shall either rescind | 10 | | or continue an order of
revocation or shall substitute an | 11 | | order of suspension; or, good
cause appearing therefor, | 12 | | rescind, continue, change, or extend the
order of | 13 | | suspension. If the Secretary of State does not rescind the | 14 | | order,
the Secretary may upon application,
to relieve undue | 15 | | hardship (as defined by the rules of the Secretary of | 16 | | State), issue
a restricted driving permit granting the | 17 | | privilege of driving a motor
vehicle between the | 18 | | petitioner's residence and petitioner's place of
| 19 | | employment or within the scope of the petitioner's | 20 | | employment related duties, or to
allow the petitioner to | 21 | | transport himself or herself, or a family member of the
| 22 | | petitioner's household to a medical facility, to receive | 23 | | necessary medical care, to allow the petitioner to | 24 | | transport himself or herself to and from alcohol or drug
| 25 | | remedial or rehabilitative activity recommended by a | 26 | | licensed service provider, or to allow the petitioner to |
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| 1 | | transport himself or herself or a family member of the | 2 | | petitioner's household to classes, as a student, at an | 3 | | accredited educational institution, or to allow the | 4 | | petitioner to transport children, elderly persons, or | 5 | | disabled persons who do not hold driving privileges and are | 6 | | living in the petitioner's household to and from daycare. | 7 | | The
petitioner must demonstrate that no alternative means | 8 | | of
transportation is reasonably available and that the | 9 | | petitioner will not endanger
the public safety or welfare. | 10 | | Those multiple offenders identified in subdivision (b)4 of | 11 | | Section 6-208 of this Code, however, shall not be eligible | 12 | | for the issuance of a restricted driving permit.
| 13 | |
(A) If a person's license or permit is revoked or | 14 | | suspended due to 2
or more convictions of violating | 15 | | Section 11-501 of this Code or a similar
provision of a | 16 | | local ordinance or a similar out-of-state offense, or | 17 | | Section 9-3 of the Criminal Code of 1961 or the | 18 | | Criminal Code of 2012, where the use of alcohol or | 19 | | other drugs is recited as an element of the offense, or | 20 | | a similar out-of-state offense, or a combination of | 21 | | these offenses, arising out
of separate occurrences, | 22 | | that person, if issued a restricted driving permit,
may | 23 | | not operate a vehicle unless it has been equipped with | 24 | | an ignition
interlock device as defined in Section | 25 | | 1-129.1.
| 26 | | (B) If a person's license or permit is revoked or |
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| 1 | | suspended 2 or more
times within a 10 year period due | 2 | | to any combination of: | 3 | | (i) a single conviction of violating Section
| 4 | | 11-501 of this Code or a similar provision of a | 5 | | local ordinance or a similar
out-of-state offense | 6 | | or Section 9-3 of the Criminal Code of 1961 or the | 7 | | Criminal Code of 2012, where the use of alcohol or | 8 | | other drugs is recited as an element of the | 9 | | offense, or a similar out-of-state offense; or | 10 | | (ii) a statutory summary suspension or | 11 | | revocation under Section
11-501.1; or | 12 | | (iii) a suspension under Section 6-203.1; | 13 | | arising out of
separate occurrences; that person, if | 14 | | issued a restricted driving permit, may
not operate a | 15 | | vehicle unless it has been
equipped with an ignition | 16 | | interlock device as defined in Section 1-129.1. | 17 | | (C)
The person issued a permit conditioned upon the | 18 | | use of an ignition interlock device must pay to the | 19 | | Secretary of State DUI Administration Fund an amount
| 20 | | not to exceed $30 per month. The Secretary shall | 21 | | establish by rule the amount
and the procedures, terms, | 22 | | and conditions relating to these fees. | 23 | | (D) If the
restricted driving permit is issued for | 24 | | employment purposes, then the prohibition against | 25 | | operating a motor vehicle that is not equipped with an | 26 | | ignition interlock device does not apply to the |
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| 1 | | operation of an occupational vehicle owned or
leased by | 2 | | that person's employer when used solely for employment | 3 | | purposes. | 4 | | (E) In each case the Secretary may issue a
| 5 | | restricted driving permit for a period deemed | 6 | | appropriate, except that all
permits shall expire | 7 | | within one year from the date of issuance. The | 8 | | Secretary
may not, however, issue a restricted driving | 9 | | permit to any person whose current
revocation is the | 10 | | result of a second or subsequent conviction for a | 11 | | violation
of Section 11-501 of this Code or a similar | 12 | | provision of a local ordinance
or any similar | 13 | | out-of-state offense, or Section 9-3 of the Criminal | 14 | | Code of 1961 or the Criminal Code of 2012, where the | 15 | | use of alcohol or other drugs is recited as an element | 16 | | of the offense, or any similar out-of-state offense, or | 17 | | any combination
of those offenses, until the | 18 | | expiration of at least one year from the date of
the | 19 | | revocation. A
restricted driving permit issued under | 20 | | this Section shall be subject to
cancellation, | 21 | | revocation, and suspension by the Secretary of State in | 22 | | like
manner and for like cause as a driver's license | 23 | | issued under this Code may be
cancelled, revoked, or | 24 | | suspended; except that a conviction upon one or more
| 25 | | offenses against laws or ordinances regulating the | 26 | | movement of traffic
shall be deemed sufficient cause |
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| 1 | | for the revocation, suspension, or
cancellation of a | 2 | | restricted driving permit. The Secretary of State may, | 3 | | as
a condition to the issuance of a restricted driving | 4 | | permit, require the
applicant to participate in a | 5 | | designated driver remedial or rehabilitative
program. | 6 | | The Secretary of State is authorized to cancel a | 7 | | restricted
driving permit if the permit holder does not | 8 | | successfully complete the program.
| 9 | | (c-3) In the case of a suspension under paragraph 43 of | 10 | | subsection (a), reports received by the Secretary of State | 11 | | under this Section shall, except during the actual time the | 12 | | suspension is in effect, be privileged information and for use | 13 | | only by the courts, police officers, prosecuting authorities, | 14 | | the driver licensing administrator of any other state, the | 15 | | Secretary of State, or the parent or legal guardian of a driver | 16 | | under the age of 18. However, beginning January 1, 2008, if the | 17 | | person is a CDL holder, the suspension shall also be made | 18 | | available to the driver licensing administrator of any other | 19 | | state, the U.S. Department of Transportation, and the affected | 20 | | driver or motor
carrier or prospective motor carrier upon | 21 | | request.
| 22 | | (c-4) In the case of a suspension under paragraph 43 of | 23 | | subsection (a), the Secretary of State shall notify the person | 24 | | by mail that his or her driving privileges and driver's license | 25 | | will be suspended one month after the date of the mailing of | 26 | | the notice.
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| 1 | | (c-5) The Secretary of State may, as a condition of the | 2 | | reissuance of a
driver's license or permit to an applicant | 3 | | whose driver's license or permit has
been suspended before he | 4 | | or she reached the age of 21 years pursuant to any of
the | 5 | | provisions of this Section, require the applicant to | 6 | | participate in a
driver remedial education course and be | 7 | | retested under Section 6-109 of this
Code.
| 8 | | (d) This Section is subject to the provisions of the | 9 | | Drivers License
Compact.
| 10 | | (e) The Secretary of State shall not issue a restricted | 11 | | driving permit to
a person under the age of 16 years whose | 12 | | driving privileges have been suspended
or revoked under any | 13 | | provisions of this Code.
| 14 | | (f) In accordance with 49 C.F.R. 384, the Secretary of | 15 | | State may not issue a restricted driving permit for the | 16 | | operation of a commercial motor vehicle to a person holding a | 17 | | CDL whose driving privileges have been suspended, revoked, | 18 | | cancelled, or disqualified under any provisions of this Code. | 19 | | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | 20 | | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | 21 | | 7-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333, | 22 | | eff. 8-12-11; 97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, | 23 | | eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.) | 24 | | Section 10. The Boat Registration and Safety Act is amended | 25 | | by changing Section 5-16 as follows:
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| 1 | | (625 ILCS 45/5-16)
| 2 | | Sec. 5-16. Operating a watercraft under the influence of | 3 | | alcohol,
other drug or drugs, intoxicating compound or | 4 | | compounds, or combination
thereof.
| 5 | | (A) 1. A person shall not operate or be in actual physical | 6 | | control of
any
watercraft within this State while:
| 7 | | (a) The alcohol concentration in such person's | 8 | | blood or breath is a
concentration at which driving a | 9 | | motor vehicle is prohibited under subdivision
(1) of | 10 | | subsection (a) of
Section 11-501 of the Illinois | 11 | | Vehicle Code;
| 12 | | (b) Under the influence of alcohol;
| 13 | | (c) Under the influence of any other drug or | 14 | | combination of drugs to a
degree which renders such | 15 | | person incapable of safely operating
any watercraft;
| 16 | | (c-1) Under the influence of any intoxicating | 17 | | compound or combination
of
intoxicating compounds to a | 18 | | degree that renders the person incapable of safely
| 19 | | operating
any watercraft;
| 20 | | (d) Under the combined influence of alcohol and any | 21 | | other drug or
drugs to a degree which renders such | 22 | | person incapable of safely operating
a watercraft; or
| 23 | | (e) There is any amount of a drug, substance, or | 24 | | compound in the
person's blood or urine resulting from | 25 | | the unlawful use or consumption of
cannabis listed in |
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| 1 | | the Cannabis Control Act, a
controlled substance
| 2 | | listed in the Illinois Controlled Substances Act, or an | 3 | | intoxicating compound
listed in the Use of | 4 | | Intoxicating Compounds Act.
| 5 | | 2. The fact that any person charged with violating this | 6 | | Section is or
has been legally entitled to use alcohol, | 7 | | other drug or drugs, any
intoxicating compound or | 8 | | compounds, or any combination of
them, shall not constitute | 9 | | a defense against any charge of
violating this
Section.
| 10 | | 3. Every person convicted of violating this Section | 11 | | shall be guilty of a
Class A misdemeanor, except as | 12 | | otherwise provided in this Section.
| 13 | | 4. Every person convicted of violating this Section | 14 | | shall be guilty of a
Class 4 felony if:
| 15 | | (a) He has a previous conviction under this | 16 | | Section;
| 17 | | (b) The offense results in personal injury where a | 18 | | person other than the
operator suffers great bodily | 19 | | harm or permanent disability or disfigurement,
when | 20 | | the violation was a proximate cause of the injuries. A | 21 | | person guilty of a
Class 4 felony under this | 22 | | subparagraph (b), if sentenced
to a term of | 23 | | imprisonment, shall be sentenced to a term of not less | 24 | | than
one year nor more than 12 years; or
| 25 | | (c) The offense occurred during a period in which | 26 | | his or her
privileges
to
operate
a watercraft are |
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| 1 | | revoked or suspended, and the revocation or suspension | 2 | | was for
a
violation of this Section or was imposed | 3 | | under subsection (B).
| 4 | | 5. Every person convicted of violating this Section | 5 | | shall be
guilty of a Class 2 felony if the offense results | 6 | | in the death of a
person.
A person guilty of a Class 2 | 7 | | felony under this paragraph 5, if sentenced to a
term of | 8 | | imprisonment, shall be sentenced to a term of not less than | 9 | | 3 years
and not more than 14 years.
| 10 | | 5.1. A person convicted of violating this Section or a | 11 | | similar
provision
of a
local
ordinance who had a child | 12 | | under the age of 16 aboard the watercraft at the
time of | 13 | | offense is
subject to a mandatory minimum fine of $500 and | 14 | | to a mandatory minimum of 5
days of
community service in a | 15 | | program benefiting children. The assignment under this
| 16 | | paragraph 5.1 is
not subject to suspension and the person | 17 | | is not eligible for probation in order
to reduce the
| 18 | | assignment.
| 19 | | 5.2. A person found guilty of violating this Section, | 20 | | if his or her
operation
of a watercraft
while in violation | 21 | | of this Section proximately caused any incident resulting | 22 | | in
an appropriate
emergency response, is liable for the | 23 | | expense of an emergency response as
provided in subsection | 24 | | (m) of Section 11-501 of the Illinois Vehicle Code.
| 25 | | 5.3. In addition to any other penalties and | 26 | | liabilities, a person who is
found
guilty of
violating this |
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| 1 | | Section, including any person placed on court supervision,
| 2 | | shall be fined $100,
payable to the circuit clerk, who | 3 | | shall distribute the money to the law
enforcement agency | 4 | | that
made the arrest. In the event that more than one | 5 | | agency is responsible for the
arrest, the $100
shall be | 6 | | shared equally. Any moneys received by a law enforcement | 7 | | agency under
this
paragraph 5.3 shall be used to purchase | 8 | | law enforcement equipment or to provide
law
enforcement | 9 | | training that will assist in the prevention of alcohol | 10 | | related
criminal violence
throughout the State. Law | 11 | | enforcement equipment shall include, but is not
limited to, | 12 | | in-car
video cameras, radar and laser speed detection | 13 | | devices, and alcohol breath
testers.
| 14 | | 6. (a) In addition to any criminal penalties imposed, | 15 | | the Department of
Natural Resources shall suspend the | 16 | | watercraft operation privileges of any
person
| 17 | | convicted or found guilty of a misdemeanor under this | 18 | | Section, a similar provision of a local ordinance, or | 19 | | Title 46 of the U.S. Code of Federal Regulations for a | 20 | | period
of one year, except that a first time offender | 21 | | is exempt from this mandatory
one year suspension.
| 22 | | As used in this subdivision (A)6(a), "first time | 23 | | offender" means any person who has not had a previous | 24 | | conviction or been assigned supervision for violating | 25 | | this Section, a similar provision of a local ordinance | 26 | | or, Title 46 of the U.S. Code of Federal Regulations, |
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| 1 | | or any person who has not had a suspension imposed | 2 | | under subdivision (B)3.1 of Section 5-16.
| 3 | | (b) 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 of a felony under this Section, a similar | 7 | | provision of a local ordinance, or Title 46 of the U.S. | 8 | | Code of Federal Regulations for a period of 3 years.
| 9 | | (c) In addition to any criminal penalties imposed, | 10 | | the Secretary of State shall suspend the driver's | 11 | | license of any person convicted of a misdemeanor or | 12 | | felony under this Section, a similar provision of a | 13 | | local ordinance, or Title 46 of the U.S. Code of | 14 | | Federal Regulations for a period of 3 months, except | 15 | | that a first time offender is exempt from this | 16 | | mandatory 3 month suspension.
| 17 | | (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) above. The chemical test or tests shall be
| 25 | | administered at
the direction of the arresting officer.
The | 26 | | law enforcement agency employing the
officer shall |
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| 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 |
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| 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 for a minimum of | 25 | | 2 years. Following this
warning, if a person
under arrest | 26 | | refuses upon the request of a law enforcement officer to
|
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| 1 | | submit to a test designated by the officer, no test
shall | 2 | | be given, but the law enforcement officer shall file with | 3 | | the clerk
of the circuit court for the county in which the | 4 | | arrest was made, and with
the Department of Natural | 5 | | Resources, a sworn
statement naming the person refusing to | 6 | | take and complete the chemical test
or tests
requested | 7 | | under the provisions of this Section. Such sworn statement | 8 | | shall
identify the arrested person, such person's current | 9 | | residence address and
shall specify that a refusal by such | 10 | | person to take the chemical test or
tests was
made. Such | 11 | | sworn statement shall include a statement that the | 12 | | arresting
officer had reasonable cause to believe the | 13 | | person was operating or was in
actual physical control of | 14 | | the
watercraft within this State while under the influence | 15 | | of alcohol, other
drug or drugs, intoxicating compound or | 16 | | compounds, or combination thereof
and that such
chemical | 17 | | test or tests were made as an
incident to and following the | 18 | | lawful arrest for an offense as defined in
this Section or | 19 | | a similar provision of a local ordinance, and that the
| 20 | | person after being arrested for an offense arising out of | 21 | | acts alleged to
have been committed while so operating a | 22 | | watercraft refused to submit to
and complete a chemical | 23 | | test or tests as requested by the law enforcement
officer.
| 24 | | 3.1. The law enforcement officer submitting the sworn | 25 | | statement as
provided in
paragraph 3 of this subsection (B) | 26 | | shall serve immediate written notice upon
the
person |
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| 1 | | refusing the chemical test or tests that the person's | 2 | | privilege to
operate a
watercraft within this State will be | 3 | | suspended for a period of 2 years unless,
within 28 days | 4 | | from the date of the notice, the person requests in writing | 5 | | a
hearing
on the 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 |
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| 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 | | 3.2. If the person submits to a test that discloses an | 6 | | alcohol
concentration
of 0.08
or more, or any amount of a | 7 | | drug, substance or intoxicating compound in the
person's
| 8 | | breath, blood, or urine resulting from the unlawful use of | 9 | | cannabis listed in
the Cannabis
Control Act, a controlled | 10 | | substance listed in the Illinois Controlled
Substances | 11 | | Act, or an
intoxicating compound listed in the Use of | 12 | | Intoxicating Compounds Act, the law
enforcement officer | 13 | | shall immediately submit a sworn report to the circuit
| 14 | | clerk of venue
and the Department of Natural Resources, | 15 | | certifying that the test or tests were
requested
under | 16 | | paragraph 1 of this subsection (B) and the person submitted | 17 | | to testing
that
disclosed an alcohol concentration of 0.08 | 18 | | or more.
| 19 | | In cases where the blood alcohol concentration of 0.08 | 20 | | or greater or any
amount of
drug, substance or compound | 21 | | resulting from the unlawful use of cannabis, a
controlled
| 22 | | substance or an intoxicating compound is established by a | 23 | | subsequent analysis
of blood
or urine collected at the time | 24 | | of arrest, the arresting officer or arresting
agency shall
| 25 | | immediately submit a sworn report to the circuit clerk of | 26 | | venue and the
Department of
Natural Resources upon receipt |
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| 1 | | of the test results.
| 2 | | 4. A person must submit to each chemical test offered | 3 | | by the law
enforcement
officer
in order to comply with the | 4 | | implied consent provisions of this Section.
| 5 | | 5. The provisions of Section 11-501.2 of the Illinois | 6 | | Vehicle Code, as
amended, concerning the certification and | 7 | | use of chemical tests apply to the
use of such tests under | 8 | | this Section.
| 9 | | (C) Upon the trial of any civil or criminal action or | 10 | | proceeding arising out
of acts alleged to have been committed | 11 | | by any person while operating a
watercraft while under the | 12 | | influence of alcohol, the concentration of alcohol
in the | 13 | | person's blood or breath at the time alleged as shown by | 14 | | analysis of a
person's blood, urine, breath, or other bodily | 15 | | substance shall give rise to the
presumptions specified in | 16 | | subdivisions 1, 2, and 3 of
subsection (b) of Section 11-501.2 | 17 | | of the Illinois Vehicle Code. The foregoing
provisions of this | 18 | | subsection (C) shall not be
construed
as limiting the | 19 | | introduction of any other relevant evidence bearing upon the
| 20 | | question whether the person was under the influence of alcohol.
| 21 | | (D) If a person under arrest refuses to submit to a | 22 | | chemical test under
the provisions of this Section, evidence of | 23 | | refusal shall be admissible in
any civil or criminal action or | 24 | | proceeding arising out of acts alleged to
have been committed | 25 | | while the person under the influence of alcohol,
other drug or | 26 | | drugs, intoxicating compound or compounds, or combination
of |
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| 1 | | them was operating a watercraft.
| 2 | | (E) The owner of any watercraft or any person given | 3 | | supervisory
authority over a watercraft, may not knowingly | 4 | | permit a watercraft to be
operated by any person under the | 5 | | influence of alcohol, other drug or drugs,
intoxicating | 6 | | compound or compounds, or
combination thereof.
| 7 | | (F) Whenever any person is convicted or found guilty of a | 8 | | violation of
this
Section, including any person placed on court | 9 | | supervision, the court shall
notify the Office of Law | 10 | | Enforcement of the
Department of Natural Resources, to provide | 11 | | the Department with the records
essential for the performance | 12 | | of the Department's duties to monitor and enforce
any order of | 13 | | suspension or revocation concerning the privilege to operate a
| 14 | | watercraft. | 15 | | The clerk of the court shall report a conviction or | 16 | | disposition of court supervision for a violation of this | 17 | | Section, a similar provision of a local ordinance, or a | 18 | | violation of Title 46 of the U.S. Code of Federal Regulation to | 19 | | the Secretary of State, in the manner and form prescribed by | 20 | | the Secretary.
| 21 | | (G) No person who has been arrested and charged for | 22 | | violating paragraph 1 of
subsection (A) of this Section shall | 23 | | operate any watercraft within this State
for a period of 24 | 24 | | hours after such arrest.
| 25 | | (Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07.)".
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