5. Every person convicted of violating this Section shall be
guilty of a Class 2 felony if the offense results in the death of a
person.
A person guilty of a Class 2 felony under this paragraph 5, if sentenced to a
term of imprisonment, shall be sentenced to a term of not less than 3 years
and not more than 14 years.
5.1. A person convicted of violating this Section or a similar
provision
of a
local
ordinance who had a child under the age of 16 aboard the watercraft at the
time of offense is
subject to a mandatory minimum fine of $500 and to a mandatory minimum of 5
days of
community service in a program benefiting children. The assignment under this
paragraph 5.1 is
not subject to suspension and the person is not eligible for probation in order
to reduce the
assignment.
5.2. A person found guilty of violating this Section, if his or her
operation
of a watercraft
while in violation of this Section proximately caused any incident resulting in
an appropriate
emergency response, is liable for the expense of an emergency response as
provided in subsection (m) of Section 11-501 of the Illinois Vehicle Code.
5.3. In addition to any other penalties and liabilities, a person who is
found
guilty of
violating this Section, including any person placed on court supervision,
shall be fined $100,
payable to the circuit clerk, who shall distribute the money to the law
enforcement agency that
made the arrest or as provided in subsection (c) of Section 10-5 of the Criminal and Traffic Assessment Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest, in which case the amount shall be remitted to each unit of government equally. Any moneys received by a law enforcement agency under
this
paragraph 5.3 shall be used to purchase law enforcement equipment or to provide
law
enforcement training that will assist in the prevention of alcohol related
criminal violence
throughout the State. Law enforcement equipment shall include, but is not
limited to, in-car
video cameras, radar and laser speed detection devices, and alcohol breath
testers.
6. (a) In addition to any criminal penalties imposed, the Department of
Natural Resources shall suspend the watercraft operation privileges of any
person
convicted or found guilty of a misdemeanor under this Section, a similar provision of a local ordinance, or Title 46 of the U.S. Code of Federal Regulations for a period
of one year, except that a first time offender is exempt from this mandatory
one year suspension.
As used in this subdivision (A)6(a), "first time offender" means any person who has not had a previous conviction or been assigned supervision for violating this Section, a similar provision of a local ordinance or, Title 46 of the U.S. Code of Federal Regulations, or any person who has not had a suspension imposed under subdivision (B)3.1 of Section 5-16.
(b) In addition to any criminal penalties imposed, the Department of
Natural Resources shall suspend the watercraft operation privileges of any
person
convicted of a felony under this Section, a similar provision of a local ordinance, or Title 46 of the U.S. Code of Federal Regulations for a period of 3 years.
(B) 1. Any person who operates or is in actual physical control of any
watercraft upon the waters of this
State shall be deemed to have given consent to a chemical test or tests of
blood, breath, other bodily substance, or urine for the purpose of determining the content of
alcohol, other
drug or drugs, intoxicating compound or compounds, or combination thereof
in the person's blood or other bodily substance if arrested for
any offense of subsection (A) above. The chemical test or tests shall be
administered at
the direction of the arresting officer.
The law enforcement agency employing the
officer shall designate which of the tests shall be administered. Up to 2 additional tests of
urine or other bodily substance may be
administered even after a blood or breath test or both has been administered.
1.1. For the purposes of this Section, an Illinois Law Enforcement
officer of
this
State who is investigating the person for any offense defined in Section 5-16
may travel
into an adjoining state, where the person has been transported for medical care
to
complete an investigation, and may request that the person submit to the test
or
tests set
forth in this Section. The requirements of this Section that the person be
arrested are
inapplicable, but the officer shall issue the person a uniform citation for an
offense as
defined in Section 5-16 or a similar provision of a local ordinance prior to
requesting that
the person submit to the test or tests. The issuance of the uniform citation
shall not
constitute an arrest, but shall be for the purpose of notifying the person that
he or she is
subject to the provisions of this Section and of the officer's belief in the
existence of
probable cause to arrest. Upon returning to this State, the officer shall file
the uniform
citation with the circuit clerk of the county where the offense was committed
and shall
seek the issuance of an arrest warrant or a summons for the person.
1.2. Notwithstanding any ability to refuse under this Act to submit to
these
tests
or any ability to revoke the implied consent to these tests, if a law
enforcement officer
has probable cause to believe that a watercraft operated by or under actual
physical
control of a person under the influence of alcohol, other drug or drugs,
intoxicating
compound or compounds, or any combination of them has caused the death of or
personal
injury to another, that person shall submit, upon the request of a law
enforcement officer,
to a chemical test or tests of his or her blood, breath, other bodily substance, or urine for the
purpose of
determining the alcohol content or the presence of any other drug, intoxicating
compound, or
combination
of them. For the purposes of this Section, a personal injury includes severe
bleeding
wounds, distorted extremities, and injuries that require the injured party to
be carried
from the scene for immediate professional attention in either a doctor's office
or a
medical facility.
2. Any person who is dead, unconscious or who is otherwise in a condition
rendering such person incapable of refusal, shall be deemed not to have
withdrawn the consent provided above, and the test may be administered.
3. A person requested to submit to a chemical test as provided above
shall be
verbally advised by the law enforcement officer requesting the test that a
refusal to submit to the test will result in suspension of such person's
privilege to operate a watercraft for a minimum of 2 years. Following this
warning, if a person
under arrest refuses upon the request of a law enforcement officer to
submit to a test designated by the officer, no test
shall be given, but the law enforcement officer shall file with the clerk
of the circuit court for the county in which the arrest was made, and with
the Department of Natural Resources, a sworn
statement naming the person refusing to take and complete the chemical test
or tests
requested under the provisions of this Section. Such sworn statement shall
identify the arrested person, such person's current residence address and
shall specify that a refusal by such person to take the chemical test or
tests was
made. Such sworn statement shall include a statement that the arresting
officer had reasonable cause to believe the person was operating or was in
actual physical control of the
watercraft within this State while under the influence of alcohol, other
drug or drugs, intoxicating compound or compounds, or combination thereof
and that such
chemical test or tests were made as an
incident to and following the lawful arrest for an offense as defined in
this Section or a similar provision of a local ordinance, and that the
person after being arrested for an offense arising out of acts alleged to
have been committed while so operating a watercraft refused to submit to
and complete a chemical test or tests as requested by the law enforcement
officer.
3.1. The law enforcement officer submitting the sworn statement as
provided in
paragraph 3 of this subsection (B) shall serve immediate written notice upon
the
person refusing the chemical test or tests that the person's privilege to
operate a
watercraft within this State will be suspended for a period of 2 years unless,
within 28 days from the date of the notice, the person requests in writing a
hearing
on the suspension.
If the person desires a hearing, such person
shall file a complaint in the circuit court for and in the county in which
such person was arrested for such hearing. Such hearing shall proceed in
the court in the same manner as other civil proceedings, shall cover only
the issues of whether the person was placed under arrest for an offense as
defined in this Section or a similar provision of a local ordinance as
evidenced by the issuance of a uniform citation; whether the arresting
officer had reasonable grounds to believe that such person was operating a
watercraft while under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or combination
thereof; and whether such person refused to submit and complete the
chemical test or
tests upon the request of the law enforcement officer. Whether the person
was informed that such person's privilege to operate a watercraft would be
suspended if such person refused to submit to the chemical test or tests
shall not be an
issue.
If the person fails to request in writing a hearing within 28 days from
the date of notice, or if a hearing is held and the court finds against the
person on the issues before the court, the
clerk shall immediately notify the Department of Natural Resources, and the Department shall suspend the watercraft operation
privileges of the person for at least 2 years.
3.2. If the person is a CDL holder and submits to a test that discloses an alcohol
concentration
of 0.08
or more, or any amount of a drug, substance or intoxicating compound in the
person's
breath, blood, other bodily substance, or urine resulting from the unlawful use of cannabis listed in
the Cannabis
Control Act, a controlled substance listed in the Illinois Controlled
Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or an
intoxicating compound listed in the Use of Intoxicating Compounds Act, the law
enforcement officer shall immediately submit a sworn report to the circuit
clerk of venue
and the Department of Natural Resources, certifying that the test or tests were
requested
under paragraph 1 of this subsection (B) and the person submitted to testing
that
disclosed an alcohol concentration of 0.08 or more or any amount of a drug, substance or intoxicating compound in the
person's
breath, blood, other bodily substance, or urine resulting from the unlawful use of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled
Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or an
intoxicating compound listed in the Use of Intoxicating Compounds Act. If the person is not a CDL holder and submits to a test that discloses an alcohol
concentration
of 0.08
or more, a tetrahydrocannabinol concentration in the person's whole blood or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of the Illinois Vehicle Code, or any amount of a drug, substance or intoxicating compound in the
person's
breath, blood, other bodily substance, or urine resulting from the unlawful use of a controlled substance listed in the Illinois Controlled
Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or an
intoxicating compound listed in the Use of Intoxicating Compounds Act, the law
enforcement officer shall immediately submit a sworn report to the circuit
clerk of venue
and the Department of Natural Resources, certifying that the test or tests were
requested
under paragraph 1 of this subsection (B) and the person submitted to testing
that
disclosed an alcohol concentration of 0.08 or more, a tetrahydrocannabinol concentration in the person's whole blood or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of the Illinois Vehicle Code, or any amount of a drug, substance or intoxicating compound in the
person's
breath, blood, other bodily substance, or urine resulting from the unlawful use of a controlled substance listed in the Illinois Controlled
Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or an
intoxicating compound listed in the Use of Intoxicating Compounds Act.
In cases involving a person who is a CDL holder where the blood alcohol concentration of 0.08 or greater or any
amount of
drug, substance or compound resulting from the unlawful use of cannabis, a
controlled
substance, methamphetamine, or an intoxicating compound is established by a subsequent analysis
of blood, other bodily substance, or urine collected at the time of arrest, the arresting officer or arresting
agency shall
immediately submit a sworn report to the circuit clerk of venue and the
Department of
Natural Resources upon receipt of the test results. In cases involving a person who is not a CDL holder where the blood alcohol concentration of 0.08 or greater, a tetrahydrocannabinol concentration in the person's whole blood or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of the Illinois Vehicle Code, or any
amount of drug, substance, or compound resulting from the unlawful use of
a controlled substance, methamphetamine, or an intoxicating compound is established by
a subsequent analysis of blood, other bodily substance, or urine collected at the time of arrest, the
arresting officer or arresting agency shall immediately submit a sworn report
to the circuit clerk of venue and the Department of Natural Resources upon
receipt of the test results.
4. A person must submit to each chemical test offered by the law
enforcement
officer
in order to comply with the implied consent provisions of this Section.
5. The provisions of Section 11-501.2 of the Illinois Vehicle Code, as
amended, concerning the certification and use of chemical tests apply to the
use of such tests under this Section.
(C) Upon the trial of any civil or criminal action or proceeding arising out
of acts alleged to have been committed by any person while operating a
watercraft while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination
thereof, the concentration of alcohol, drug, or compound in the person's blood, other bodily substance, or breath at the time alleged as shown by analysis of a
person's blood, urine, breath, or other bodily substance shall give rise to the
presumptions specified in subdivisions 1, 2, and 3 of
subsection (b) and subsection (b-5) of Section 11-501.2 of the Illinois Vehicle Code. The foregoing
provisions of this subsection (C) shall not be
construed
as limiting the introduction of any other relevant evidence bearing upon the
question whether the person was under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or a combination thereof.
(D) If a person under arrest refuses to submit to a chemical test under
the provisions of this Section, evidence of refusal shall be admissible in
any civil or criminal action or proceeding arising out of acts alleged to
have been committed while the person under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds, or combination
of them was operating a watercraft.
(E) The owner of any watercraft or any person given supervisory
authority over a watercraft, may not knowingly permit a watercraft to be
operated by any person under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or
combination thereof.
(F) Whenever any person is convicted or found guilty of a violation of
this
Section, including any person placed on court supervision, the court shall
notify the Office of Law Enforcement of the
Department of Natural Resources, to provide the Department with the records
essential for the performance of the Department's duties to monitor and enforce
any order of suspension or revocation concerning the privilege to operate a
watercraft.
(G) No person who has been arrested and charged for violating paragraph 1 of
subsection (A) of this Section shall operate any watercraft within this State
for a period of 24 hours after such arrest.
(Source: P.A. 102-145, eff. 7-23-21.)
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