Full Text of HB5611 98th General Assembly
HB5611 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5611 Introduced , by Rep. David Reis SYNOPSIS AS INTRODUCED: |
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Amends the Boat Registration and Safety Act. Provides that the use or operation of an inner tube or float tube is not subject to the prohibition on operation of a watercraft while under the influence. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Boat Registration and Safety Act is amended | 5 | | by changing Section 5-16 as follows:
| 6 | | (625 ILCS 45/5-16)
| 7 | | Sec. 5-16. Operating a watercraft under the influence of | 8 | | alcohol,
other drug or drugs, intoxicating compound or | 9 | | compounds, or combination
thereof.
| 10 | | (A) 1. A person shall not operate or be in actual physical | 11 | | control of
any
watercraft within this State while:
| 12 | | (a) The alcohol concentration in such person's | 13 | | blood or breath is a
concentration at which driving a | 14 | | motor vehicle is prohibited under subdivision
(1) of | 15 | | subsection (a) of
Section 11-501 of the Illinois | 16 | | Vehicle Code;
| 17 | | (b) Under the influence of alcohol;
| 18 | | (c) Under the influence of any other drug or | 19 | | combination of drugs to a
degree which renders such | 20 | | person incapable of safely operating
any watercraft;
| 21 | | (c-1) Under the influence of any intoxicating | 22 | | compound or combination
of
intoxicating compounds to a | 23 | | degree that renders the person incapable of safely
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| 1 | | operating
any watercraft;
| 2 | | (d) Under the combined influence of alcohol and any | 3 | | other drug or
drugs to a degree which renders such | 4 | | person incapable of safely operating
a watercraft; or
| 5 | | (e) There is any amount of a drug, substance, or | 6 | | compound in the
person's blood or urine resulting from | 7 | | the unlawful use or consumption of
cannabis listed in | 8 | | the Cannabis Control Act, a
controlled substance
| 9 | | listed in the Illinois Controlled Substances Act, or an | 10 | | intoxicating compound
listed in the Use of | 11 | | Intoxicating Compounds Act.
| 12 | | 2. The fact that any person charged with violating this | 13 | | Section is or
has been legally entitled to use alcohol, | 14 | | other drug or drugs, any
intoxicating compound or | 15 | | compounds, or any combination of
them, shall not constitute | 16 | | a defense against any charge of
violating this
Section.
| 17 | | 3. Every person convicted of violating this Section | 18 | | shall be guilty of a
Class A misdemeanor, except as | 19 | | otherwise provided in this Section.
| 20 | | 4. Every person convicted of violating this Section | 21 | | shall be guilty of a
Class 4 felony if:
| 22 | | (a) He has a previous conviction under this | 23 | | Section;
| 24 | | (b) The offense results in personal injury where a | 25 | | person other than the
operator suffers great bodily | 26 | | harm or permanent disability or disfigurement,
when |
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| 1 | | the violation was a proximate cause of the injuries. A | 2 | | person guilty of a
Class 4 felony under this | 3 | | subparagraph (b), if sentenced
to a term of | 4 | | imprisonment, shall be sentenced to a term of not less | 5 | | than
one year nor more than 12 years; or
| 6 | | (c) The offense occurred during a period in which | 7 | | his or her
privileges
to
operate
a watercraft are | 8 | | revoked or suspended, and the revocation or suspension | 9 | | was for
a
violation of this Section or was imposed | 10 | | under subsection (B).
| 11 | | 5. Every person convicted of violating this Section | 12 | | shall be
guilty of a Class 2 felony if the offense results | 13 | | in the death of a
person.
A person guilty of a Class 2 | 14 | | felony under this paragraph 5, if sentenced to a
term of | 15 | | imprisonment, shall be sentenced to a term of not less than | 16 | | 3 years
and not more than 14 years.
| 17 | | 5.1. A person convicted of violating this Section or a | 18 | | similar
provision
of a
local
ordinance who had a child | 19 | | under the age of 16 aboard the watercraft at the
time of | 20 | | offense is
subject to a mandatory minimum fine of $500 and | 21 | | to a mandatory minimum of 5
days of
community service in a | 22 | | program benefiting children. The assignment under this
| 23 | | paragraph 5.1 is
not subject to suspension and the person | 24 | | is not eligible for probation in order
to reduce the
| 25 | | assignment.
| 26 | | 5.2. A person found guilty of violating this Section, |
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| 1 | | if his or her
operation
of a watercraft
while in violation | 2 | | of this Section proximately caused any incident resulting | 3 | | in
an appropriate
emergency response, is liable for the | 4 | | expense of an emergency response as
provided in subsection | 5 | | (m) of Section 11-501 of the Illinois Vehicle Code.
| 6 | | 5.3. In addition to any other penalties and | 7 | | liabilities, a person who is
found
guilty of
violating this | 8 | | Section, including any person placed on court supervision,
| 9 | | shall be fined $100,
payable to the circuit clerk, who | 10 | | shall distribute the money to the law
enforcement agency | 11 | | that
made the arrest. In the event that more than one | 12 | | agency is responsible for the
arrest, the $100
shall be | 13 | | shared equally. Any moneys received by a law enforcement | 14 | | agency under
this
paragraph 5.3 shall be used to purchase | 15 | | law enforcement equipment or to provide
law
enforcement | 16 | | training that will assist in the prevention of alcohol | 17 | | related
criminal violence
throughout the State. Law | 18 | | enforcement equipment shall include, but is not
limited to, | 19 | | in-car
video cameras, radar and laser speed detection | 20 | | devices, and alcohol breath
testers.
| 21 | | 6. (a) In addition to any criminal penalties imposed, | 22 | | the Department of
Natural Resources shall suspend the | 23 | | watercraft operation privileges of any
person
| 24 | | convicted or found guilty of a misdemeanor under this | 25 | | Section, a similar provision of a local ordinance, or | 26 | | Title 46 of the U.S. Code of Federal Regulations for a |
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| 1 | | period
of one year, except that a first time offender | 2 | | is exempt from this mandatory
one year suspension.
| 3 | | As used in this subdivision (A)6(a), "first time | 4 | | offender" means any person who has not had a previous | 5 | | conviction or been assigned supervision for violating | 6 | | this Section, a similar provision of a local ordinance | 7 | | or, Title 46 of the U.S. Code of Federal Regulations, | 8 | | or any person who has not had a suspension imposed | 9 | | under subdivision (B)3.1 of Section 5-16.
| 10 | | (b) In addition to any criminal penalties imposed, | 11 | | the Department of
Natural Resources shall suspend the | 12 | | watercraft operation privileges of any
person
| 13 | | convicted of a felony under this Section, a similar | 14 | | provision of a local ordinance, or Title 46 of the U.S. | 15 | | Code of Federal Regulations for a period of 3 years.
| 16 | | (B) 1. Any person who operates or is in actual physical | 17 | | control of any
watercraft upon the waters of this
State | 18 | | shall be deemed to have given consent to a chemical test or | 19 | | tests of
blood, breath or urine for the purpose of | 20 | | determining the content of
alcohol, other
drug or drugs, | 21 | | intoxicating compound or compounds, or combination thereof
| 22 | | in the person's blood if arrested for
any offense of | 23 | | subsection (A) above. The chemical test or tests shall be
| 24 | | administered at
the direction of the arresting officer.
The | 25 | | law enforcement agency employing the
officer shall | 26 | | designate which of the tests shall be administered. A
urine |
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| 1 | | test may be
administered even after a blood or breath test | 2 | | or both has been administered.
| 3 | | 1.1. For the purposes of this Section, an Illinois Law | 4 | | Enforcement
officer of
this
State who is investigating the | 5 | | person for any offense defined in Section 5-16
may travel
| 6 | | into an adjoining state, where the person has been | 7 | | transported for medical care
to
complete an investigation, | 8 | | and may request that the person submit to the test
or
tests | 9 | | set
forth in this Section. The requirements of this Section | 10 | | that the person be
arrested are
inapplicable, but the | 11 | | officer shall issue the person a uniform citation for an
| 12 | | offense as
defined in Section 5-16 or a similar provision | 13 | | of a local ordinance prior to
requesting that
the person | 14 | | submit to the test or tests. The issuance of the uniform | 15 | | citation
shall not
constitute an arrest, but shall be for | 16 | | the purpose of notifying the person that
he or she is
| 17 | | subject to the provisions of this Section and of the | 18 | | officer's belief in the
existence of
probable cause to | 19 | | arrest. Upon returning to this State, the officer shall | 20 | | file
the uniform
citation with the circuit clerk of the | 21 | | county where the offense was committed
and shall
seek the | 22 | | issuance of an arrest warrant or a summons for the person.
| 23 | | 1.2. Notwithstanding any ability to refuse under this | 24 | | Act to submit to
these
tests
or any ability to revoke the | 25 | | implied consent to these tests, if a law
enforcement | 26 | | officer
has probable cause to believe that a watercraft |
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| 1 | | operated by or under actual
physical
control of a person | 2 | | under the influence of alcohol, other drug or drugs,
| 3 | | intoxicating
compound or compounds, or any combination of | 4 | | them has caused the death of or
personal
injury to another, | 5 | | that person shall submit, upon the request of a law
| 6 | | enforcement officer,
to a chemical test or tests of his or | 7 | | her blood, breath, or urine for the
purpose of
determining | 8 | | the alcohol content or the presence of any other drug, | 9 | | intoxicating
compound, or
combination
of them. For the | 10 | | purposes of this Section, a personal injury includes severe
| 11 | | bleeding
wounds, distorted extremities, and injuries that | 12 | | require the injured party to
be carried
from the scene for | 13 | | immediate professional attention in either a doctor's | 14 | | office
or a
medical facility.
| 15 | | 2. Any person who is dead, unconscious or who is | 16 | | otherwise in a condition
rendering such person incapable of | 17 | | refusal, shall be deemed not to have
withdrawn the consent | 18 | | provided above, and the test may be administered.
| 19 | | 3. A person requested to submit to a chemical test as | 20 | | provided above
shall be
verbally advised by the law | 21 | | enforcement officer requesting the test that a
refusal to | 22 | | submit to the test will result in suspension of such | 23 | | person's
privilege to operate a watercraft for a minimum of | 24 | | 2 years. Following this
warning, if a person
under arrest | 25 | | refuses upon the request of a law enforcement officer to
| 26 | | submit to a test designated by the officer, no test
shall |
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| 1 | | be given, but the law enforcement officer shall file with | 2 | | the clerk
of the circuit court for the county in which the | 3 | | arrest was made, and with
the Department of Natural | 4 | | Resources, a sworn
statement naming the person refusing to | 5 | | take and complete the chemical test
or tests
requested | 6 | | under the provisions of this Section. Such sworn statement | 7 | | shall
identify the arrested person, such person's current | 8 | | residence address and
shall specify that a refusal by such | 9 | | person to take the chemical test or
tests was
made. Such | 10 | | sworn statement shall include a statement that the | 11 | | arresting
officer had reasonable cause to believe the | 12 | | person was operating or was in
actual physical control of | 13 | | the
watercraft within this State while under the influence | 14 | | of alcohol, other
drug or drugs, intoxicating compound or | 15 | | compounds, or combination thereof
and that such
chemical | 16 | | test or tests were made as an
incident to and following the | 17 | | lawful arrest for an offense as defined in
this Section or | 18 | | a similar provision of a local ordinance, and that the
| 19 | | person after being arrested for an offense arising out of | 20 | | acts alleged to
have been committed while so operating a | 21 | | watercraft refused to submit to
and complete a chemical | 22 | | test or tests as requested by the law enforcement
officer.
| 23 | | 3.1. The law enforcement officer submitting the sworn | 24 | | statement as
provided in
paragraph 3 of this subsection (B) | 25 | | shall serve immediate written notice upon
the
person | 26 | | refusing the chemical test or tests that the person's |
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| 1 | | privilege to
operate a
watercraft within this State will be | 2 | | suspended for a period of 2 years unless,
within 28 days | 3 | | from the date of the notice, the person requests in writing | 4 | | a
hearing
on the suspension.
| 5 | | If the person desires a hearing, such person
shall file | 6 | | a complaint in the circuit court for and in the county in | 7 | | which
such person was arrested for such hearing. Such | 8 | | hearing shall proceed in
the court in the same manner as | 9 | | other civil proceedings, shall cover only
the issues of | 10 | | whether the person was placed under arrest for an offense | 11 | | as
defined in this Section or a similar provision of a | 12 | | local ordinance as
evidenced by the issuance of a uniform | 13 | | citation; whether the arresting
officer had reasonable | 14 | | grounds to believe that such person was operating a
| 15 | | watercraft while under the influence of alcohol, other drug | 16 | | or drugs,
intoxicating compound or compounds, or | 17 | | combination
thereof; and whether such person refused to | 18 | | submit and complete the
chemical test or
tests upon the | 19 | | request of the law enforcement officer. Whether the person
| 20 | | was informed that such person's privilege to operate a | 21 | | watercraft would be
suspended if such person refused to | 22 | | submit to the chemical test or tests
shall not be an
issue.
| 23 | | If the person fails to request in writing a hearing | 24 | | within 28 days from
the date of notice, or if a hearing is | 25 | | held and the court finds against the
person on the issues | 26 | | before the court, the
clerk shall immediately notify the |
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| 1 | | Department of Natural Resources, and the Department shall | 2 | | suspend the watercraft operation
privileges of the person | 3 | | for at least 2 years.
| 4 | | 3.2. If the person submits to a test that discloses an | 5 | | alcohol
concentration
of 0.08
or more, or any amount of a | 6 | | drug, substance or intoxicating compound in the
person's
| 7 | | breath, blood, or urine resulting from the unlawful use of | 8 | | cannabis listed in
the Cannabis
Control Act, a controlled | 9 | | substance listed in the Illinois Controlled
Substances | 10 | | Act, or an
intoxicating compound listed in the Use of | 11 | | Intoxicating Compounds Act, the law
enforcement officer | 12 | | shall immediately submit a sworn report to the circuit
| 13 | | clerk of venue
and the Department of Natural Resources, | 14 | | certifying that the test or tests were
requested
under | 15 | | paragraph 1 of this subsection (B) and the person submitted | 16 | | to testing
that
disclosed an alcohol concentration of 0.08 | 17 | | or more.
| 18 | | In cases where the blood alcohol concentration of 0.08 | 19 | | or greater or any
amount of
drug, substance or compound | 20 | | resulting from the unlawful use of cannabis, a
controlled
| 21 | | substance or an intoxicating compound is established by a | 22 | | subsequent analysis
of blood
or urine collected at the time | 23 | | of arrest, the arresting officer or arresting
agency shall
| 24 | | immediately submit a sworn report to the circuit clerk of | 25 | | venue and the
Department of
Natural Resources upon receipt | 26 | | of the test results.
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| 1 | | 4. A person must submit to each chemical test offered | 2 | | by the law
enforcement
officer
in order to comply with the | 3 | | implied consent provisions of this Section.
| 4 | | 5. The provisions of Section 11-501.2 of the Illinois | 5 | | Vehicle Code, as
amended, concerning the certification and | 6 | | use of chemical tests apply to the
use of such tests under | 7 | | this Section.
| 8 | | (C) Upon the trial of any civil or criminal action or | 9 | | proceeding arising out
of acts alleged to have been committed | 10 | | by any person while operating a
watercraft while under the | 11 | | influence of alcohol, the concentration of alcohol
in the | 12 | | person's blood or breath at the time alleged as shown by | 13 | | analysis of a
person's blood, urine, breath, or other bodily | 14 | | substance shall give rise to the
presumptions specified in | 15 | | subdivisions 1, 2, and 3 of
subsection (b) of Section 11-501.2 | 16 | | of the Illinois Vehicle Code. The foregoing
provisions of this | 17 | | subsection (C) shall not be
construed
as limiting the | 18 | | introduction of any other relevant evidence bearing upon the
| 19 | | question whether the person was under the influence of alcohol.
| 20 | | (D) If a person under arrest refuses to submit to a | 21 | | chemical test under
the provisions of this Section, evidence of | 22 | | refusal shall be admissible in
any civil or criminal action or | 23 | | proceeding arising out of acts alleged to
have been committed | 24 | | while the person under the influence of alcohol,
other drug or | 25 | | drugs, intoxicating compound or compounds, or combination
of | 26 | | them was operating a watercraft.
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| 1 | | (E) The owner of any watercraft or any person given | 2 | | supervisory
authority over a watercraft, may not knowingly | 3 | | permit a watercraft to be
operated by any person under the | 4 | | influence of alcohol, other drug or drugs,
intoxicating | 5 | | compound or compounds, or
combination thereof.
| 6 | | (F) Whenever any person is convicted or found guilty of a | 7 | | violation of
this
Section, including any person placed on court | 8 | | supervision, the court shall
notify the Office of Law | 9 | | Enforcement of the
Department of Natural Resources, to provide | 10 | | the Department with the records
essential for the performance | 11 | | of the Department's duties to monitor and enforce
any order of | 12 | | suspension or revocation concerning the privilege to operate a
| 13 | | watercraft.
| 14 | | (G) No person who has been arrested and charged for | 15 | | violating paragraph 1 of
subsection (A) of this Section shall | 16 | | operate any watercraft within this State
for a period of 24 | 17 | | hours after such arrest.
| 18 | | (H) For purposes of this Section, the term "watercraft" | 19 | | shall not include inner tubes or float tubes. | 20 | | (Source: P.A. 94-214, eff. 1-1-06; 95-149, eff. 8-14-07.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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