Full Text of HB1339 94th General Assembly
HB1339enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Snowmobile Registration and Safety Act is | 5 |
| amended by changing Sections 5-7 and 10-3 as follows:
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| (625 ILCS 40/5-7)
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| Sec. 5-7. Operating a snowmobile while under the influence | 8 |
| of alcohol or
other drug or drugs, intoxicating compound or | 9 |
| compounds, or a combination of
them; criminal penalties; | 10 |
| suspension of operating privileges.
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| (a) A person may not operate or be in actual physical | 12 |
| control of a
snowmobile within this State
while:
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| 1. The alcohol concentration in that person's blood or | 14 |
| breath is a
concentration at which driving a motor vehicle | 15 |
| is prohibited under
subdivision (1) of subsection (a) of
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| Section 11-501 of the Illinois Vehicle Code;
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| 2. The person is under the influence of alcohol;
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| 3. The person is under the influence of any other drug | 19 |
| or combination of
drugs to a degree that renders that | 20 |
| person incapable of safely operating a
snowmobile;
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| 3.1. The person is under the influence of any | 22 |
| intoxicating compound or
combination of intoxicating | 23 |
| compounds to a degree that renders the person
incapable of | 24 |
| safely operating a snowmobile;
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| 4. The person is under the combined influence of | 26 |
| alcohol and any other
drug or drugs or intoxicating | 27 |
| compound or compounds to a degree that
renders that person | 28 |
| incapable of safely
operating a snowmobile; or
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| 5. There is any amount of a drug, substance, or | 30 |
| compound in that person's
breath, blood, or urine resulting | 31 |
| from the unlawful use or consumption
of cannabis
listed in | 32 |
| the Cannabis Control Act, controlled substance listed in |
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| the
Illinois Controlled Substances Act, or intoxicating | 2 |
| compound listed in the
use
of Intoxicating Compounds Act.
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| (b) The fact that a person charged with violating this | 4 |
| Section is or has
been legally entitled to use alcohol, other | 5 |
| drug or drugs, any
intoxicating
compound or compounds, or any | 6 |
| combination of them does not constitute a
defense against a | 7 |
| charge of violating this Section.
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| (c) Every person convicted of violating this Section or a | 9 |
| similar
provision of a local ordinance is guilty of a
Class A | 10 |
| misdemeanor, except as otherwise provided in this Section.
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| (c-1) As used in this Section, "first time offender" means | 12 |
| any person who has not had a previous conviction or been | 13 |
| assigned supervision for violating this Section or a similar | 14 |
| provision of a local ordinance, or any person who has not had a | 15 |
| suspension imposed under subsection (e) of Section 5-7.1. | 16 |
| (c-2) For purposes of this Section, the following are | 17 |
| equivalent to a conviction: | 18 |
| (1) a forfeiture of bail or collateral deposited to | 19 |
| secure a defendant's appearance in court when forfeiture | 20 |
| has not been vacated; or | 21 |
| (2) the failure of a defendant to appear for trial.
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| (d) Every person convicted of violating this Section is | 23 |
| guilty of a
Class 4 felony if:
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| 1. The person has a previous conviction under this | 25 |
| Section;
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| 2. The offense results in personal injury where a | 27 |
| person other than the
operator suffers great bodily harm or | 28 |
| permanent disability or disfigurement,
when the violation | 29 |
| was a proximate cause of the injuries.
A person guilty of a | 30 |
| Class 4 felony under this paragraph 2, if sentenced to a
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| term of imprisonment, shall be sentenced to not less than | 32 |
| one year nor more
than
12 years; or
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| 3. The offense occurred during a period in which the | 34 |
| person's privileges
to
operate a snowmobile are revoked or | 35 |
| suspended, and the revocation or
suspension was for a | 36 |
| violation of this Section or was imposed under Section
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| 5-7.1.
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| (e) Every person convicted of violating this Section is | 3 |
| guilty
of a
Class 2 felony if the offense results in the death | 4 |
| of a person.
A person guilty of a Class 2 felony under this | 5 |
| subsection (e), if sentenced
to
a term of imprisonment, shall | 6 |
| be sentenced to a term of not less than 3 years
and not more | 7 |
| than 14 years.
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| (e-1) Every person convicted of violating this Section or a | 9 |
| similar
provision of a local ordinance who had a child under | 10 |
| the age of 16 on board the
snowmobile at the time of offense | 11 |
| shall be subject to a mandatory minimum fine
of $500 and shall | 12 |
| be subject to a mandatory minimum of 5 days of community
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| service in a program benefiting children. The assignment under | 14 |
| this subsection
shall not be subject to suspension nor shall | 15 |
| the person be eligible for
probation in order to reduce the | 16 |
| assignment.
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| (e-2) Every person found guilty of violating this Section, | 18 |
| whose operation
of
a snowmobile while in violation of this | 19 |
| Section proximately caused any incident
resulting in an | 20 |
| appropriate emergency response, shall be liable for the expense
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| of an emergency response as provided under Section 5-5-3 of the | 22 |
| Unified Code of
Corrections.
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| (e-3) In addition to any other penalties and liabilities, a | 24 |
| person who is
found guilty of violating this Section, including | 25 |
| any person placed on court
supervision, shall be fined $100, | 26 |
| payable to the circuit clerk, who shall
distribute the money to | 27 |
| the law enforcement agency that made the arrest. In the
event | 28 |
| that more than one agency is responsible for the arrest, the | 29 |
| $100
shall be shared equally. Any moneys received by a law | 30 |
| enforcement agency under
this subsection (e-3) shall be used to | 31 |
| purchase law enforcement equipment or to
provide law | 32 |
| enforcement training that will assist in the prevention of | 33 |
| alcohol
related criminal violence throughout the State. Law | 34 |
| enforcement equipment shall
include, but is not limited to, | 35 |
| in-car video cameras, radar and laser speed
detection devices, | 36 |
| and alcohol breath testers.
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| (f) In addition to any criminal penalties imposed, the
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| Department of Natural Resources shall suspend the
snowmobile | 3 |
| operation privileges of
a person convicted or found guilty of a | 4 |
| misdemeanor under this
Section for a period of one
year, except | 5 |
| that first-time offenders receiving supervision are exempt | 6 |
| from
this mandatory one year suspension.
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| (g) In addition to any criminal penalties imposed, the | 8 |
| Department of Natural
Resources shall suspend for a period of 5 | 9 |
| years the snowmobile operation
privileges of any person | 10 |
| convicted or found guilty of a felony under this
Section.
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| (Source: P.A. 92-615, eff. 1-1-03; 93-156, eff. 1-1-04.)
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| (625 ILCS 40/10-3)
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| Sec. 10-3. Unlawful operation of a snowmobile. A person may | 14 |
| not operate a snowmobile during any period when his or her | 15 |
| privilege to operate a snowmobile is suspended or revoked in | 16 |
| this State, by another state, by a federal agency, or by a | 17 |
| province of Canada. A person who operates a
snowmobile during | 18 |
| the period when he or she is denied the privilege to operate
a | 19 |
| snowmobile is guilty of a Class A misdemeanor.
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| (Source: P.A. 89-55, eff. 1-1-96.)
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| Section 10. The Boat Registration and Safety Act is amended | 22 |
| by changing Sections 5-16, 6-1, and 11A-5 as follows:
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| (625 ILCS 45/5-16)
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| Sec. 5-16. Operating a watercraft under the influence of | 25 |
| alcohol,
other drug or drugs, intoxicating compound or | 26 |
| compounds, or combination
thereof.
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| (A) 1. A person shall not operate or be in actual physical | 28 |
| control of
any
watercraft within this State while:
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| (a) The alcohol concentration in such person's | 30 |
| blood or breath is a
concentration at which driving a | 31 |
| motor vehicle is prohibited under subdivision
(1) of | 32 |
| subsection (a) of
Section 11-501 of the Illinois | 33 |
| Vehicle Code;
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| (b) Under the influence of alcohol;
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| (c) Under the influence of any other drug or | 3 |
| combination of drugs to a
degree which renders such | 4 |
| person incapable of safely operating
any watercraft;
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| (c-1) Under the influence of any intoxicating | 6 |
| compound or combination
of
intoxicating compounds to a | 7 |
| degree that renders the person incapable of safely
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| operating
any watercraft;
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| (d) Under the combined influence of alcohol and any | 10 |
| other drug or
drugs to a degree which renders such | 11 |
| person incapable of safely operating
a watercraft; or
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| (e) There is any amount of a drug, substance, or | 13 |
| compound in the
person's blood or urine resulting from | 14 |
| the unlawful use or consumption of
cannabis listed in | 15 |
| the Cannabis Control Act, a
controlled substance
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| listed in the Illinois Controlled Substances Act, or an | 17 |
| intoxicating compound
listed in the Use of | 18 |
| Intoxicating Compounds Act.
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| 2. The fact that any person charged with violating this | 20 |
| Section is or
has been legally entitled to use alcohol, | 21 |
| other drug or drugs, any
intoxicating compound or | 22 |
| compounds, or any combination of
them, shall not constitute | 23 |
| a defense against any charge of
violating this
Section.
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| 3. Every person convicted of violating this Section | 25 |
| shall be guilty of a
Class A misdemeanor, except as | 26 |
| otherwise provided in this Section.
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| 4. Every person convicted of violating this Section | 28 |
| shall be guilty of a
Class 4 felony if:
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| (a) He has a previous conviction under this | 30 |
| Section;
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| (b) The offense results in personal injury where a | 32 |
| person other than the
operator suffers great bodily | 33 |
| harm or permanent disability or disfigurement,
when | 34 |
| the violation was a proximate cause of the injuries. A | 35 |
| person guilty of a
Class 4 felony under this | 36 |
| subparagraph (b), if sentenced
to a term of |
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| imprisonment, shall be sentenced to a term of not less | 2 |
| than
one year nor more than 12 years; or
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| (c) The offense occurred during a period in which | 4 |
| his or her
privileges
to
operate
a watercraft are | 5 |
| revoked or suspended, and the revocation or suspension | 6 |
| was for
a
violation of this Section or was imposed | 7 |
| under subsection (B).
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| 5. Every person convicted of violating this Section | 9 |
| shall be
guilty of a Class 2 felony if the offense results | 10 |
| in the death of a
person.
A person guilty of a Class 2 | 11 |
| felony under this paragraph 5, if sentenced to a
term of | 12 |
| imprisonment, shall be sentenced to a term of not less than | 13 |
| 3 years
and not more than 14 years.
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| 5.1. A person convicted of violating this Section or a | 15 |
| similar
provision
of a
local
ordinance who had a child | 16 |
| under the age of 16 aboard the watercraft at the
time of | 17 |
| offense is
subject to a mandatory minimum fine of $500 and | 18 |
| to a mandatory minimum of 5
days of
community service in a | 19 |
| program benefiting children. The assignment under this
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| paragraph 5.1 is
not subject to suspension and the person | 21 |
| is not eligible for probation in order
to reduce the
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| assignment.
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| 5.2. A person found guilty of violating this Section, | 24 |
| if his or her
operation
of a watercraft
while in violation | 25 |
| of this Section proximately caused any incident resulting | 26 |
| in
an appropriate
emergency response, is liable for the | 27 |
| expense of an emergency response as
provided under
Section | 28 |
| 5-5-3 of the Unified Code of Corrections.
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| 5.3. In addition to any other penalties and | 30 |
| liabilities, a person who is
found
guilty of
violating this | 31 |
| Section, including any person placed on court supervision,
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| shall be fined $100,
payable to the circuit clerk, who | 33 |
| shall distribute the money to the law
enforcement agency | 34 |
| that
made the arrest. In the event that more than one | 35 |
| agency is responsible for the
arrest, the $100
shall be | 36 |
| shared equally. Any moneys received by a law enforcement |
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HB1339 Enrolled |
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LRB094 05374 DRH 35419 b |
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| agency under
this
paragraph 5.3 shall be used to purchase | 2 |
| law enforcement equipment or to provide
law
enforcement | 3 |
| training that will assist in the prevention of alcohol | 4 |
| related
criminal violence
throughout the State. Law | 5 |
| enforcement equipment shall include, but is not
limited to, | 6 |
| in-car
video cameras, radar and laser speed detection | 7 |
| devices, and alcohol breath
testers.
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| 6. (a) In addition to any criminal penalties imposed, | 9 |
| the Department of
Natural Resources shall suspend the | 10 |
| watercraft operation privileges of any
person
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| convicted or found guilty of a misdemeanor under this | 12 |
| Section , a similar provision of a local ordinance, or | 13 |
| Title 46 of the U.S. Code of Federal Regulations for a | 14 |
| period
of one year, except that a first time offender | 15 |
| is exempt from this mandatory
one year suspension.
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| As used in this subdivision (A)6(a), "first time | 17 |
| offender" means any person who has not had a previous | 18 |
| conviction or been assigned supervision for violating | 19 |
| this Section, a similar provision of a local ordinance | 20 |
| or, Title 46 of the U.S. Code of Federal Regulations, | 21 |
| or any person who has not had a suspension imposed | 22 |
| under subdivision (B)3.1 of Section 5-16.
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| (b) In addition to any criminal penalties imposed, | 24 |
| the Department of
Natural Resources shall suspend the | 25 |
| watercraft operation privileges of any
person
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| convicted of a felony under this Section , a similar | 27 |
| provision of a local ordinance, or Title 46 of the U.S. | 28 |
| Code of Federal Regulations for a period of 3 years.
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| (B) 1. Any person who operates or is in actual physical | 30 |
| control of any
watercraft upon the waters of this
State | 31 |
| shall be deemed to have given consent to a chemical test or | 32 |
| tests of
blood, breath or urine for the purpose of | 33 |
| determining the content of
alcohol, other
drug or drugs, | 34 |
| intoxicating compound or compounds, or combination thereof
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| in the person's blood if arrested for
any offense of | 36 |
| subsection (A) above. The chemical test or tests shall be
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| administered at
the direction of the arresting officer.
The | 2 |
| law enforcement agency employing the
officer shall | 3 |
| designate which of the tests shall be administered. A
urine | 4 |
| test may be
administered even after a blood or breath test | 5 |
| or both has been administered.
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| 1.1. For the purposes of this Section, an Illinois Law | 7 |
| Enforcement
officer of
this
State who is investigating the | 8 |
| person for any offense defined in Section 5-16
may travel
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| into an adjoining state, where the person has been | 10 |
| transported for medical care
to
complete an investigation, | 11 |
| and may request that the person submit to the test
or
tests | 12 |
| set
forth in this Section. The requirements of this Section | 13 |
| that the person be
arrested are
inapplicable, but the | 14 |
| officer shall issue the person a uniform citation for an
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| offense as
defined in Section 5-16 or a similar provision | 16 |
| of a local ordinance prior to
requesting that
the person | 17 |
| submit to the test or tests. The issuance of the uniform | 18 |
| citation
shall not
constitute an arrest, but shall be for | 19 |
| the purpose of notifying the person that
he or she is
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| subject to the provisions of this Section and of the | 21 |
| officer's belief in the
existence of
probable cause to | 22 |
| arrest. Upon returning to this State, the officer shall | 23 |
| file
the uniform
citation with the circuit clerk of the | 24 |
| county where the offense was committed
and shall
seek the | 25 |
| issuance of an arrest warrant or a summons for the person.
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| 1.2. Notwithstanding any ability to refuse under this | 27 |
| Act to submit to
these
tests
or any ability to revoke the | 28 |
| implied consent to these tests, if a law
enforcement | 29 |
| officer
has probable cause to believe that a watercraft | 30 |
| operated by or under actual
physical
control of a person | 31 |
| under the influence of alcohol, other drug or drugs,
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| intoxicating
compound or compounds, or any combination of | 33 |
| them has caused the death of or
personal
injury to another, | 34 |
| that person shall submit, upon the request of a law
| 35 |
| enforcement officer,
to a chemical test or tests of his or | 36 |
| her blood, breath, or urine for the
purpose of
determining |
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| the alcohol content or the presence of any other drug, | 2 |
| intoxicating
compound, or
combination
of them. For the | 3 |
| purposes of this Section, a personal injury includes severe
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| bleeding
wounds, distorted extremities, and injuries that | 5 |
| require the injured party to
be carried
from the scene for | 6 |
| immediate professional attention in either a doctor's | 7 |
| office
or a
medical facility.
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| 2. Any person who is dead, unconscious or who is | 9 |
| otherwise in a condition
rendering such person incapable of | 10 |
| refusal, shall be deemed not to have
withdrawn the consent | 11 |
| provided above, and the test may be administered.
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| 3. A person requested to submit to a chemical test as | 13 |
| provided above
shall be
verbally advised by the law | 14 |
| enforcement officer requesting the test that a
refusal to | 15 |
| submit to the test will result in suspension of such | 16 |
| person's
privilege to operate a watercraft for a minimum of | 17 |
| 2 years. Following this
warning, if a person
under arrest | 18 |
| refuses upon the request of a law enforcement officer to
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| submit to a test designated by the officer, no test
shall | 20 |
| be given, but the law enforcement officer shall file with | 21 |
| the clerk
of the circuit court for the county in which the | 22 |
| arrest was made, and with
the Department of Natural | 23 |
| Resources, a sworn
statement naming the person refusing to | 24 |
| take and complete the chemical test
or tests
requested | 25 |
| under the provisions of this Section. Such sworn statement | 26 |
| shall
identify the arrested person, such person's current | 27 |
| residence address and
shall specify that a refusal by such | 28 |
| person to take the chemical test or
tests was
made. Such | 29 |
| sworn statement shall include a statement that the | 30 |
| arresting
officer had reasonable cause to believe the | 31 |
| person was operating or was in
actual physical control of | 32 |
| the
watercraft within this State while under the influence | 33 |
| of alcohol, other
drug or drugs, intoxicating compound or | 34 |
| compounds, or combination thereof
and that such
chemical | 35 |
| test or tests were made as an
incident to and following the | 36 |
| lawful arrest for an offense as defined in
this Section or |
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| a similar provision of a local ordinance, and that the
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| person after being arrested for an offense arising out of | 3 |
| acts alleged to
have been committed while so operating a | 4 |
| watercraft refused to submit to
and complete a chemical | 5 |
| test or tests as requested by the law enforcement
officer.
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| 3.1. The law enforcement officer submitting the sworn | 7 |
| statement as
provided in
paragraph 3 of this subsection (B) | 8 |
| shall serve immediate written notice upon
the
person | 9 |
| refusing the chemical test or tests that the person's | 10 |
| privilege to
operate a
watercraft within this State will be | 11 |
| suspended for a period of 2 years unless,
within 28 days | 12 |
| from the date of the notice, the person requests in writing | 13 |
| a
hearing
on the suspension.
| 14 |
| If the person desires a hearing, such person
shall file | 15 |
| a complaint in the circuit court for and in the county in | 16 |
| which
such person was arrested for such hearing. Such | 17 |
| hearing shall proceed in
the court in the same manner as | 18 |
| other civil proceedings, shall cover only
the issues of | 19 |
| whether the person was placed under arrest for an offense | 20 |
| as
defined in this Section or a similar provision of a | 21 |
| local ordinance as
evidenced by the issuance of a uniform | 22 |
| citation; whether the arresting
officer had reasonable | 23 |
| grounds to believe that such person was operating a
| 24 |
| watercraft while under the influence of alcohol, other drug | 25 |
| or drugs,
intoxicating compound or compounds, or | 26 |
| combination
thereof; and whether such person refused to | 27 |
| submit and complete the
chemical test or
tests upon the | 28 |
| request of the law enforcement officer. Whether the person
| 29 |
| was informed that such person's privilege to operate a | 30 |
| watercraft would be
suspended if such person refused to | 31 |
| submit to the chemical test or tests
shall not be an
issue.
| 32 |
| If the person fails to request in writing a hearing | 33 |
| within 28 days from
the date of notice, or if a hearing is | 34 |
| held and the court finds against the
person on the issues | 35 |
| before the court, the
clerk shall immediately notify the | 36 |
| Department of Natural Resources, and the Department shall |
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| suspend the watercraft operation
privileges of the person | 2 |
| for at least 2 years.
| 3 |
| 3.2. If the person submits to a test that discloses an | 4 |
| alcohol
concentration
of 0.08
or more, or any amount of a | 5 |
| drug, substance or intoxicating compound in the
person's
| 6 |
| breath, blood, or urine resulting from the unlawful use of | 7 |
| cannabis listed in
the Cannabis
Control Act, a controlled | 8 |
| substance listed in the Illinois Controlled
Substances | 9 |
| Act, or an
intoxicating compound listed in the Use of | 10 |
| Intoxicating Compounds Act, the law
enforcement officer | 11 |
| shall immediately submit a sworn report to the circuit
| 12 |
| clerk of venue
and the Department of Natural Resources, | 13 |
| certifying that the test or tests were
requested
under | 14 |
| paragraph 1 of this subsection (B) and the person submitted | 15 |
| to testing
that
disclosed an alcohol concentration of 0.08 | 16 |
| or more.
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| In cases where the blood alcohol concentration of 0.08 | 18 |
| or greater or any
amount of
drug, substance or compound | 19 |
| resulting from the unlawful use of cannabis, a
controlled
| 20 |
| substance or an intoxicating compound is established by a | 21 |
| subsequent analysis
of blood
or urine collected at the time | 22 |
| of arrest, the arresting officer or arresting
agency shall
| 23 |
| immediately submit a sworn report to the circuit clerk of | 24 |
| venue and the
Department of
Natural Resources upon receipt | 25 |
| of the test results.
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| 4. A person must submit to each chemical test offered | 27 |
| by the law
enforcement
officer
in order to comply with the | 28 |
| implied consent provisions of this Section.
| 29 |
| 5. The provisions of Section 11-501.2 of the Illinois | 30 |
| Vehicle Code, as
amended, concerning the certification and | 31 |
| use of chemical tests apply to the
use of such tests under | 32 |
| this Section.
| 33 |
| (C) Upon the trial of any civil or criminal action or | 34 |
| proceeding arising out
of acts alleged to have been committed | 35 |
| by any person while operating a
watercraft while under the | 36 |
| influence of alcohol, the concentration of alcohol
in the |
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| person's blood or breath at the time alleged as shown by | 2 |
| analysis of a
person's blood, urine, breath, or other bodily | 3 |
| substance shall give rise to the
presumptions specified in | 4 |
| subdivisions 1, 2, and 3 of
subsection (b) of Section 11-501.2 | 5 |
| of the Illinois Vehicle Code. The foregoing
provisions of this | 6 |
| subsection (C) shall not be
construed
as limiting the | 7 |
| introduction of any other relevant evidence bearing upon the
| 8 |
| question whether the person was under the influence of alcohol.
| 9 |
| (D) If a person under arrest refuses to submit to a | 10 |
| chemical test under
the provisions of this Section, evidence of | 11 |
| refusal shall be admissible in
any civil or criminal action or | 12 |
| proceeding arising out of acts alleged to
have been committed | 13 |
| while the person under the influence of alcohol,
other drug or | 14 |
| drugs, intoxicating compound or compounds, or combination
of | 15 |
| them was operating a watercraft.
| 16 |
| (E) The owner of any watercraft or any person given | 17 |
| supervisory
authority over a watercraft, may not knowingly | 18 |
| permit a watercraft to be
operated by any person under the | 19 |
| influence of alcohol, other drug or drugs,
intoxicating | 20 |
| compound or compounds, or
combination thereof.
| 21 |
| (F) Whenever any person is convicted or found guilty of a | 22 |
| violation of
this
Section, including any person placed on court | 23 |
| supervision, the court shall
notify the Office of Law | 24 |
| Enforcement of the
Department of Natural Resources, to provide | 25 |
| the Department with the records
essential for the performance | 26 |
| of the Department's duties to monitor and enforce
any order of | 27 |
| suspension or revocation concerning the privilege to operate a
| 28 |
| watercraft.
| 29 |
| (G) No person who has been arrested and charged for | 30 |
| violating paragraph 1 of
subsection (A) of this Section shall | 31 |
| operate any watercraft within this State
for a period of 24 | 32 |
| hours after such arrest.
| 33 |
| (Source: P.A. 92-615, eff. 1-1-03; 93-156, eff. 1-1-04.)
| 34 |
| (625 ILCS 45/6-1) (from Ch. 95 1/2, par. 316-1)
| 35 |
| Sec. 6-1. Collisions, accidents, and casualties; reports.
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| A. The operator of a vessel involved in a collision, | 2 |
| accident, or other
casualty, so far as he can without serious | 3 |
| danger to his own vessel,
crew, passengers and guests, if any, | 4 |
| shall render to other persons affected
by the collision, | 5 |
| accident, or other casualty assistance as may be
practicable | 6 |
| and as may be necessary in order to save them from or minimize
| 7 |
| any danger caused by the collision, accident, or other | 8 |
| casualty, and also
shall give his name, address, and | 9 |
| identification of his vessel to any
person injured and to the | 10 |
| owner of any property damaged in the collision,
accident, or | 11 |
| other casualty.
| 12 |
| If the collision, accident, or other casualty has resulted | 13 |
| in the death of
or
personal injury to any person, failure to | 14 |
| comply with this subsection A is a
Class A
misdemeanor.
| 15 |
| A-1. Any person who has failed to stop or to comply with | 16 |
| the
requirements of subsection A must, as soon as possible but | 17 |
| in no case
later than one hour after
the collision, accident, | 18 |
| or other casualty, or, if hospitalized and
incapacitated from | 19 |
| reporting at any
time during that period, as soon as possible | 20 |
| but in no case later than one
hour
after
being discharged from | 21 |
| the
hospital, report the date, place, and approximate time
of | 22 |
| the collision,
accident, or other casualty, the watercraft | 23 |
| operator's name and address, the
identification number of the | 24 |
| watercraft, if any, and the names of all other
occupants of the | 25 |
| watercraft, at a police station or sheriff's office near the
| 26 |
| location where the collision, accident, or other casualty | 27 |
| occurred. A report
made as required under this subsection
A-1 | 28 |
| may not be used, directly or indirectly, as a basis for the
| 29 |
| prosecution of any violation of subsection A.
| 30 |
| As used in this Section, personal injury means any injury | 31 |
| requiring treatment beyond first aid.
| 32 |
| Any person failing to comply with this subsection A-1 is
| 33 |
| guilty
of
a Class 4 felony if the collision, accident, or other | 34 |
| casualty
does not result in the death of any person.
Any person | 35 |
| failing to comply with this subsection A-1
when the collision, | 36 |
| accident, or other casualty results in the death of
any person |
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| is guilty of a Class 2
felony, for which the person, if
| 2 |
| sentenced to a term of imprisonment, shall be sentenced to a | 3 |
| term of not less
than 3 years and not more than 14 years.
| 4 |
| B. In the case of collision, accident, or other casualty | 5 |
| involving a
vessel, the operator, if the collision, accident, | 6 |
| or other casualty
results in death or injury to a person or | 7 |
| damage to property in excess of
$2000, or there is a complete | 8 |
| loss of the vessel
$500 , shall file with the Department a full | 9 |
| description of the collision,
accident, or other casualty, | 10 |
| including information as the Department
may by regulation | 11 |
| require. Reports
of
the accidents must be filed with
the | 12 |
| Department on a Department Accident Report form within 5 days.
| 13 |
| C. Reports of accidents resulting
in personal injury, where | 14 |
| a person
sustains an injury requiring medical attention beyond | 15 |
| first aid
is incapacitated for a period exceeding 72 hours , | 16 |
| must be filed with the
Department on a Department Accident | 17 |
| Report form within 5 days.
Accidents
that result in loss of | 18 |
| life shall be reported to the Department on a
Department form | 19 |
| within 48 hours.
| 20 |
| D. All required
accident reports and supplemental reports | 21 |
| are without
prejudice to the individual reporting, and are for | 22 |
| the confidential use
of the Department, except that the | 23 |
| Department may disclose the identity of
a person involved in an | 24 |
| accident when the identity is not otherwise known
or when the | 25 |
| person denies his presence at the accident. No report
to the | 26 |
| Department may be used as evidence in any trial, civil or | 27 |
| criminal,
arising out of an
accident, except that the | 28 |
| Department must furnish upon demand of any person
who has or | 29 |
| claims to have made a report or upon demand of any court
a | 30 |
| certificate showing that a specified accident report has or has | 31 |
| not been
made to the Department solely to prove a compliance or | 32 |
| a failure to comply
with the requirements that a report be made | 33 |
| to the Department.
| 34 |
| E. (1) Every coroner or medical examiner shall on or before | 35 |
| the 10th
day of each month report in writing to the | 36 |
| Department the circumstances
surrounding the death of any |
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| person that has occurred as the result of a
boating | 2 |
| accident within the examiner's jurisdiction during the | 3 |
| preceding
calendar month.
| 4 |
| (2) Within 6 hours after a death resulting from a | 5 |
| boating accident,
but in any case not more than 12 hours | 6 |
| after the occurrence of the boating
accident, a blood | 7 |
| specimen of at least 10 cc shall be withdrawn from the
body | 8 |
| of the decedent by the coroner or medical examiner or by a | 9 |
| qualified
person at the direction of the physician. All | 10 |
| morticians shall obtain a
release from the coroner or | 11 |
| medical examiner prior to proceeding with
embalming any | 12 |
| body coming under the scope of this Section. The blood so
| 13 |
| drawn shall be forwarded to a laboratory approved by the | 14 |
| Department of
State Police for analysis of the alcoholic | 15 |
| content of the
blood specimen.
The coroner or medical | 16 |
| examiner causing the blood to be withdrawn shall be
| 17 |
| notified of the results of each analysis made and shall | 18 |
| forward the results
of each analysis to the Department. The | 19 |
| Department shall keep a record of
all examinations to be | 20 |
| used for statistical purposes only. The cumulative
results | 21 |
| of the examinations, without identifying the individuals | 22 |
| involved,
shall be disseminated and made public by the | 23 |
| Department.
| 24 |
| (Source: P.A. 93-782, eff. 1-1-05.)
| 25 |
| (625 ILCS 45/11A-5) (from Ch. 95 1/2, par. 321A-5)
| 26 |
| Sec. 11A-5. A person may not operate a watercraft during | 27 |
| any period when his or her privilege to operate a watercraft is | 28 |
| suspended or revoked in this State, by another state, by a | 29 |
| federal agency, or by a province of Canada. Any person who | 30 |
| operates any watercraft during the period when
he is denied the | 31 |
| privilege to so operate is guilty of a Class A misdemeanor
for | 32 |
| a first offense and a Class 4 felony for a second or subsequent
| 33 |
| offense.
| 34 |
| (Source: P.A. 93-782, eff. 1-1-05.)
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