Rep. Rosemary Kurtz
Filed: 3/23/2004
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 3821
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 3821, AS AMENDED, in | ||||||
3 | Section 5, Sec. 5-16, subsection (A), by replacing paragraph 4 | ||||||
4 | with the following: | ||||||
5 | "4. Every person convicted of violating this Section
| ||||||
6 | shall be guilty of a Class 4 felony if: | ||||||
7 | (a) He has a previous conviction under this
| ||||||
8 | Section; | ||||||
9 | (b) The offense results in personal injury where
a | ||||||
10 | person other than the operator suffers great bodily | ||||||
11 | harm or permanent disability or disfigurement, when | ||||||
12 | the violation was a proximate cause of the injuries. A | ||||||
13 | person guilty of a Class 4 felony under this | ||||||
14 | subparagraph (b), if sentenced to a term of | ||||||
15 | imprisonment, shall be sentenced to a term of not less | ||||||
16 | than one year nor more than 12 years; or | ||||||
17 | (c) The offense occurred during a period in
which | ||||||
18 | his or her privileges to operate a watercraft are | ||||||
19 | revoked or suspended, and the revocation or suspension | ||||||
20 | was for a violation of this Section or was imposed | ||||||
21 | under subsection (B)."; and
| ||||||
22 | in Section 5, Sec. 5-16, subsection (A), by replacing paragraph | ||||||
23 | 6 with the following:
| ||||||
24 | "6. (a) In addition to any criminal penalties imposed, | ||||||
25 | the Department of
Natural Resources shall suspend the |
| |||||||
| |||||||
1 | watercraft operation privileges of any
person
| ||||||
2 | convicted or found guilty of a misdemeanor under this | ||||||
3 | Section , or a similar provision of a local ordinance or | ||||||
4 | Title 46, Part A, Chapter 23, Section 2302 of the U.S. | ||||||
5 | Code of Federal Regulations, for a period
of one year, | ||||||
6 | except that a first time offender who is placed on | ||||||
7 | court supervision is exempt from this mandatory
one | ||||||
8 | year suspension.
| ||||||
9 | (b) In addition to any criminal penalties imposed, | ||||||
10 | the Department of
Natural Resources shall suspend the | ||||||
11 | watercraft operation privileges of any
person
| ||||||
12 | convicted of a felony under this Section , or a similar | ||||||
13 | provision of a local ordinance or federal law, or | ||||||
14 | Section 9-3 of the Criminal Code, for a period of 3 | ||||||
15 | years."; and | ||||||
16 | in Section 5, Sec. 6-1, by replacing the second paragraph of | ||||||
17 | subsection A-1 with the following: | ||||||
18 | " As used in this Section, "personal injury" means any | ||||||
19 | injury requiring medical treatment beyond first aid. "; and | ||||||
20 | in Section 5, Sec. 6-1, by replacing subsections B and C with | ||||||
21 | the following: | ||||||
22 | "B. In the case of collision, accident, or other casualty | ||||||
23 | involving a
vessel, the operator, if the collision, accident, | ||||||
24 | or other casualty
results in death or injury to a person or | ||||||
25 | damage to property in excess of
$2,000 or there is a complete | ||||||
26 | loss of the vessel
$500 , shall file with the Department a full | ||||||
27 | description of the collision,
accident, or other casualty, | ||||||
28 | including information as the Department
may by regulation | ||||||
29 | require. Reports
of
the accidents must be filed with
the | ||||||
30 | Department on a Department Accident Report form within 5 days.
| ||||||
31 | C. Reports of accidents resulting
in personal injury, where | ||||||
32 | a person
sustains an injury requiring medical attention beyond |
| |||||||
| |||||||
1 | first aid
is incapacitated for a period exceeding 72 hours , | ||||||
2 | must be filed with the
Department on a Department Accident | ||||||
3 | Report form within 5 days.
Accidents
that result in loss of | ||||||
4 | life shall be reported to the Department on a
Department form | ||||||
5 | within 48 hours."; and
| ||||||
6 | in Section 5, by replacing Secs. 11A-4 and 11A-5 with the | ||||||
7 | following: | ||||||
8 | "(625 ILCS 45/11A-4) (from Ch. 95 1/2, par. 321A-4)
| ||||||
9 | Sec. 11A-4. Any person who is convicted of a violation of | ||||||
10 | Sections
5-1 , 5-2 or 11A-5 of this Act, in addition to any | ||||||
11 | other penalties
authorized in this Act, may in the discretion | ||||||
12 | of the court be refused the
privilege of operating any | ||||||
13 | watercraft on any of the waterways of this State
for a period | ||||||
14 | of not less than one year.
| ||||||
15 | Any person who is convicted of a violation of Section 5-2 | ||||||
16 | of this Act or
subsection A-1 of Section 6-1 of this Act, in | ||||||
17 | addition to any other penalties
authorized in this Act, shall | ||||||
18 | have his or her privilege of operating any watercraft on any of | ||||||
19 | the waterways of this State suspended by the Department for a | ||||||
20 | period of not less than one year.
| ||||||
21 | (Source: P.A. 85-149.)
| ||||||
22 | (625 ILCS 45/11A-5) (from Ch. 95 1/2, par. 321A-5)
| ||||||
23 | Sec. 11A-5. A person may not operate a watercraft during | ||||||
24 | the time that the person's privilege to operate a watercraft is | ||||||
25 | suspended or revoked in this State, by another state, or by a | ||||||
26 | federal agency. Any person who operates any watercraft during | ||||||
27 | the period when
he is denied the privilege to so operate is | ||||||
28 | guilty of a Class A misdemeanor
for a first offense and a Class | ||||||
29 | 4 felony for a second or subsequent
offense .
| ||||||
30 | (Source: P.A. 85-149.)".
|