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Public Act 92-0615
SB1752 Enrolled LRB9212609DHgcA
AN ACT in relation to vehicles.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Snowmobile Registration and Safety Act is
amended by changing Section 5-7 as follows:
(625 ILCS 40/5-7)
Sec. 5-7. Operating a snowmobile while under the
influence of alcohol or other drug; criminal penalties;
suspension of operating privileges.
(a) A person may not operate a snowmobile within this
State while:
1. The alcohol concentration in that person's blood
or breath is a concentration at which driving a motor
vehicle is prohibited under subdivision (1) of subsection
(a) of Section 11-501 of the Illinois Vehicle Code;
2. The person is under the influence of alcohol;
3. The person is under the influence of any other
drug or combination of drugs to a degree that renders
that person incapable of safely operating a snowmobile;
4. The person is under the combined influence of
alcohol and any other drug or drugs to a degree that
renders that person incapable of safely operating a
snowmobile; or
5. There is any amount of a drug, substance, or
compound in that person's blood or urine resulting from
the unlawful use or consumption of cannabis listed in the
Cannabis Control Act, or controlled substance listed in
the Illinois Controlled Substances Act.
(b) The fact that a person charged with violating this
Section is or has been legally entitled to use alcohol or
other drugs does not constitute a defense against a charge of
violating this Section.
(c) Every person convicted of violating this Section or
a similar provision of a local ordinance is guilty of a Class
A misdemeanor, except as otherwise provided in this Section.
(d) Every person convicted of violating this Section is
guilty of a Class 4 felony if:
1. The person has a previous conviction under this
Section; or
2. The offense results in personal injury where a
person other than the operator suffers great bodily harm
or permanent disability or disfigurement, when the
violation was a proximate cause of the injuries. A person
guilty of a Class 4 felony under this paragraph 2, if
sentenced to a term of imprisonment, shall be sentenced
to not less than one year nor more than 12 years.
(e) Every person convicted of violating this Section is
guilty of a Class 2 3 felony if the offense results in the
death of a person. A person guilty of a Class 2 felony under
this subsection (e), 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.
(f) In addition to any criminal penalties imposed, the
Department of Conservation shall suspend the snowmobile
operation privileges of a person convicted of a misdemeanor
under this Section for a period of one year or for a period
of 5 years if the person is convicted of a felony under this
Section.
(Source: P.A. 89-55, eff. 1-1-96; 90-215, eff. 1-1-98.)
Section 10. The Boat Registration and Safety Act is
amended by changing Section 5-16 as follows:
(625 ILCS 45/5-16)
Sec. 5-16. Operating a watercraft under the influence of
alcohol, other drug, or combination thereof.
(A) 1. A person shall not operate any watercraft within
this State while:
(a) The alcohol concentration in such person's
blood or breath is a concentration at which driving
a motor vehicle is prohibited under subdivision (1)
of subsection (a) of Section 11-501 of the Illinois
Vehicle Code;
(b) Under the influence of alcohol;
(c) Under the influence of any other drug or
combination of drugs to a degree which renders such
person incapable of safely operating any watercraft;
(d) Under the combined influence of alcohol
and any other drug or drugs to a degree which
renders such person incapable of safely operating a
watercraft; or
(e) There is any amount of a drug, substance,
or compound in the person's blood or urine resulting
from the unlawful use or consumption of cannabis as
defined in the Cannabis Control Act or a controlled
substance listed in the Illinois Controlled
Substances Act.
2. The fact that any person charged with violating
this Section is or has been legally entitled to use
alcohol, or other drugs, or any combination of both,
shall not constitute a defense against any charge of
violating this Section.
3. Every person convicted of violating this Section
shall be guilty of a Class A misdemeanor, except as
otherwise provided in this Section.
4. Every person convicted of violating this Section
shall be guilty of a Class 4 felony if:
(a) He has a previous conviction under this
Section; or
(b) The offense results in personal injury
where a person other than the operator suffers great
bodily harm or permanent disability or
disfigurement, when the violation was a proximate
cause of the injuries. A person guilty of a Class 4
felony under this subparagraph (b), if sentenced to
a term of imprisonment, shall be sentenced to a term
of not less than one year nor more than 12 years.
5. Every person convicted of violating this Section
shall be guilty of a Class 2 3 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.
6. (a) In addition to any criminal penalties
imposed, the Department of Natural Resources shall
suspend the watercraft operation privileges of any
person convicted of a misdemeanor under this Section
for a period of one year.
(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 for
a period of 3 years.
(B) 1. Any person who operates any watercraft upon the
waters of this State shall be deemed to have given
consent to a chemical test or tests of blood, breath or
urine for the purpose of determining the alcohol, other
drug, or combination thereof content of such person's
blood if arrested for any offense of subsection (A)
above. The test or tests shall be administered at the
direction of the arresting officer.
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.
3. A person requested to submit to a 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. 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, none 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, a sworn statement naming the person refusing to
take and complete the 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 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 the watercraft within this State
while under the influence of alcohol, other drug, or
combination thereof and that such 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 test or tests as
requested by the law enforcement officer.
The clerk shall thereupon notify such person in
writing that the person's privilege to operate a
watercraft will be suspended unless, within 28 days from
the date of mailing of the notice, such person shall
request in writing a hearing thereon; 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 combination thereof; and whether such person
refused to submit and complete the 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 test or tests shall not be an
issue.
If the court finds against the person on the issues
before the court, the clerk shall immediately notify the
Department of Natural Resources of the court's decision,
and the Department shall suspend the watercraft operation
privileges of the person for at least 2 years.
4. A person must submit to each 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, the concentration of alcohol in the
person's blood 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) 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.
(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, or
other drugs, or combination of both 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 combination thereof.
(F) Whenever any person is convicted of a violation of
this Section, the court shall notify the Division 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 6
hours after such arrest.
(Source: P.A. 89-445, eff. 2-7-96; 90-215, eff. 1-1-98;
90-655, eff. 7-30-98.)
Passed in the General Assembly April 17, 2002.
Approved July 08, 2002.
Effective January 01, 2003.
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